执行委员会第 145 届会议 日期和地点: 总干事的报告
The provisions of this section and of Schedule 1 to this Act shall have effect for the purpose of extending the right to buy conferred by Chapter I of Part I of the Housing Act 1980 (in this Part of this Act referred to as “the 1980 Act”) to certain cases where the landlord does not own the freehold of the dwelling-house.
In section 1(1) of the 1980 Act (right to acquire freehold or long lease) for paragraphs (a) and (b) there shall be substituted the following paragraphs—.
At the end of section 2(3) of the 1980 Act (exceptions to right to buy) there shall be inserted the words or has an interest sufficient to grant a lease in pursuance of this Chapter—
The amendments made by this section and Schedule 1 to this Act (except paragraph 10) shall not apply where the landlord’s notice under section 5(1) of the 1980 Act was served before the commencement date.
Subsection (5) of section 2 of the 1980 Act (exceptions to the right to buy) shall be omitted and for paragraphs 1 and 2 of Part I of Schedule 1 to that Act (circumstances in which the right to buy does not arise) there shall be substituted the following paragraph—
For paragraphs 3 and 4 of that Part of that Schedule there shall be substituted the following paragraphs—
For paragraph 5 of that Part of that Schedule there shall be substituted the following paragraph—
The amendments made by subsections (1) and (3) above shall not apply where the tenant’s claim to exercise the right to buy was made before the commencement date; and the amendment made by subsection (2) above shall not apply where the landlord’s notice under section 5(1) of the 1980 Act was served before that date.
For subsections (3) to (7) of section 1 of the 1980 Act (determination of qualifying period) there shall be substituted the following subsections—
For subsection (1) of section 7 of the 1980 Act (discount) there shall be substituted the following subsections—
In subsection (2) of that section after the words “31st March 1974” there shall be inserted the words “(or such later date as may be specified in an order made by the Secretary of State)”.
Subsections (5) to (11) of that section and section 15 of that Act (children succeeding parents) shall be omitted.
After Schedule 1 to the 1980 Act there shall be inserted, as Schedule 1A, the Schedule set out in Schedule 2 to this Act.
The amendments made by this section shall not apply—
for the purposes of section 1(3) of the 1980 Act where the landlord’s notice under section 5(1) of that Act was served before the commencement date; or
for the purposes of discount where the notice under section 10(1) of that Act was served before that date.
For the avoidance of doubt it is hereby declared that in Chapter I of Part I of the 1980 Act “dwelling-house” has the meaning given by section 50(2) of that Act as extended by section 3(4) of that Act.
In subsection (2) of section 3 of the 1980 Act (land used for purposes of dwelling-house) after the words “by virtue of” there shall be inserted the words “subsection (4) below or”.
For subsection (4) of that section there shall be substituted the following subsections—
Where, after the service of the notice under section 10(1) of the 1980 Act, a notice under section 3(4) of that Act is served or withdrawn, the parties shall, as soon as practicable after the service or withdrawal of that notice, take all such steps (whether by way of amending, withdrawing or re-serving any notice or extending any period or otherwise) as may be requisite for the purpose of securing that all parties are (as nearly as may be) in the same position as that in which they would have been if the notice under section 3(4) had been served or withdrawn before the service of the notice under section 10(1).
In subsection (1) of section 8 of the 1980 Act (repayment of discount on early disposal) for the words “disposal falling within subsection (3)” there shall be substituted the words “relevant disposal which is not exempted by subsection (3A)”.
For subsection (3) of that section there shall be substituted the following subsections—
In subsection (4) of that section for the words “specified in” there shall be substituted the words “falling within”.
After that subsection there shall be inserted the folowing subsection—
For subsection (5) of that section there shall be substituted the following subsections—
In subsection (8) of that section for the words “disposal falling within subsection (3) above” there shall be substituted the words “relevant disposal which is not exempted by subsection (3A) above”.
Where any conveyance or grant executed in pursuance of Chapter I of Part I of the 1980 Act before the commencement date contains the covenant required by section 8(1) of that Act, then, as from that date, that covenant shall have effect with such modifications as may be necessary to bring it into conformity with the amendments made by this section.
In subsection (1) of section 16 of the 1980 Act (completion) for the words from “matters” to “dwelling-house” there shall be substituted the words “relevant matters”.
For subsection (2) of that section there shall be substituted the following subsections—
In subsection (3) of that section for the words “three months”, in each place where they occur, there shall be substituted the words “nine months”.
For subsection (6) of that section there shall be substituted the following subsections—
In subsection (7) of that section for the words “subsection (6)” there shall be substituted the words “subsection (6B)” and in subsection (9) of that section for the words “subsection (2)” there shall be substituted the words “subsection (6)”.
After subsection (11) of that section there shall be inserted the following subsection—
Subsection (6B) of section 16 of the 1980 Act shall apply in relation to a notice under subsection (2) of that section served before the commencement date as it applies to a notice under subsection (6) of that section served after that date.
Any provision of the conveyance or lease shall be void in so far as it purports to enable the landlord to charge the tenant any sum for or in connection with the giving of any consent or approval.
For the avoidance of doubt it is hereby declared—
that nothing in paragraph 8 of that Schedule shall be taken as affecting the operation of paragraph 5 of that Schedule; and
that the burdens specified in paragraph 9 of that Schedule do not include burdens created by the conveyance.
For paragraphs 16 and 17 of that Schedule there shall be substituted the following paragraphs—
Nothing in subsection (1) above shall entitle any person to recover a sum paid by him for or in connection with a consent or approval given before the commencement date; and the amendment made by subsection (3) above shall not apply where the notice under section 10(1) of the 1980 Act was served before that date.
In subsection (1) of section 19 of the 1980 Act (dwelling-houses in National Parks and areas of outstanding natural beauty etc.) for the words “and his successors in title” there shall be substituted the words “(including any successor in title of his and any person deriving title under him or any such successor)”.
In subsection (2) of that section for the words “his successors in title” there shall be substituted the words “a successor in title of his” and for the words “disposal falling within subsection (8) below” there shall be substituted the words “relevant disposal which is not exempted by section 8(3A) of this Act”.
In subsection (4) of that section for the words “disposal falling within subsection (8) below unless” there shall be substituted the words “relevant disposal which is not exempted by section 8(3A) of this Act unless in relation to that or a previous such disposal” and for the words “(or his successor in title)” there shall be substituted the words “(or his successor in title or the person deriving title under him or his successor)”.
In subsection (6) of that section for the words from “it would realise” onwards there shall be substituted the words “the interest to be reconveyed or surrendered would realise if sold on the open market by a willing vendor on the assumption that any liability under the covenant required by section 8(1) of this Act would be discharged by the vendor”.
For subsection (7) of that section there shall be substituted the following subsection—
Subsection (8) of that section shall be omitted.
For subsection (11) of that section there shall be substituted the following subsection—
In subsection (12) of that section after the words “Secretary of State” there shall be inserted the words “and "relevant disposal' has the same meaning as in section 8 of this Act” and for the words “disposal falling within subsection (8) above” there shall be substituted the words “relevant disposal which is not exempted by section 8(3A) of this Act”.
Where any conveyance or grant executed in pursuance of Chapter I of Part I of the 1980 Act before the commencement date contains such a covenant as is mentioned in section 19(1) of that Act, then, as from that date, that covenant—
shall be binding not only on the tenant and any successor in title of his but also on any person deriving title under him or any such successor; and
shall have effect with such modifications as may be necessary to bring it into conformity with the amendments made by this section.
After section 24 of the 1980 Act there shall be inserted the following sections—
After section 24B of the 1980 Act there shall be inserted the following section—
After section 24C of the 1980 Act there shall be inserted the following section—
Where a secure tenant has claimed to exercise the right to buy and the conditions mentioned in subsection (2) below are satisfied, the tenant shall also have the right to be granted a shared ownership lease of the dwelling-house, that is to say a lease of the dwelling-house which—
conforms with Schedule 3 to this Act; and
subject to that, conforms with Parts I and III of Schedule 2 to the 1980 Act (terms of lease).
The conditions referred to in subsection (1) above are—
that the right to buy has been established and the tenant’s notice under section 5(1) of the 1980 Act remains in force;
that the tenant has claimed the right to a mortgage and the amount which the tenant is entitled, or is treated as entitled, to leave outstanding, or have advanced to him, on the security of the dwelling-house is less than the aggregate mentioned in section 9(1) of that Act; and
that the tenant has, within the period of three months beginning with the service on him of the notice under section 12(4) of that Act or within that period as extended by section 16(5) of that Act, served a notice on the landlord claiming to be entitled to defer completion and has, within the same period, deposited the sum of £100 with the landlord.
Where a secure tenant serves on the landlord a written notice claiming to exercise the right to be granted a shared ownership lease, the landlord shall (unless the notice is withdrawn) serve on the tenant within four weeks either—
a written notice admitting the tenant’s right; or
a written notice denying the tenant’s right and stating the reasons why, in the opinion of the landlord, the tenant does not have the right to be granted a shared ownership lease.
A tenant’s notice under subsection (1) above—
shall state the initial share which he proposes to acquire; and
may be withdrawn or varied at any time by notice in writing served on the landlord.
On the service of a tenant’s notice under subsection (i) above, any notice served by the landlord under subsection (2) or (6) of section 16 of the 1980 Act (notice requiring the tenant to complete the transaction in accordance with Chapter I of Part I of that Act) shall be deemed to have been withdrawn; and no notice shall be served by the landlord under the said subsection (2) or (6) whilst a tenant’s notice under subsection (1) above remains in force.
If, on the service by the tenant of a further notice under section 12(1) of the 1980 Act, the amount which he is entitled, or treated as entitled, to leave outstanding, or have advanced to him, on the security of the dwelling-house is equal to the aggregate mentioned in section 9(1) of that Act, the tenant shall not be entitled to exercise the right to be granted a shared ownership lease and any notice of his under subsection (1) above shall be deemed to have been withdrawn.
Where a tenant’s notice under subsection (1) above is withdrawn, or deemed to have been withdrawn, the tenant may, subject to subsection 16(6B) of the 1980 Act, complete the transaction in accordance with Chapter I of Part I of that Act.
Where a secure tenant has claimed to exercise the right to be granted a shared ownership lease and that right has been established (whether by the landlord’s admission or otherwise) the landlord shall, within eight weeks, serve on the tenant a written notice stating—
the amount which, in the opinion of the landlord, should be the amount of the consideration for the grant of the lease determined in accordance with paragraph 2(1) of Schedule 3 to this Act on the assumption that his initial share is as stated in the notice under section 13(1) above;
the effective discount on an acquisition of that share for that consideration determined in accordance with paragraph 6(3) of that Schedule;
the provisions which, in the opinion of the landlord, should be included in the lease; and
where the landlord is not a housing association, any variation in the provisions which, in the opinion of the landlord, should be contained in the deed by which the mortgage is to be effected.
Where the landlord is a housing association, the landlord shall send a copy of the notice under subsection (1) above to the Housing Corporation; and the Housing Corporation shall, as soon as practicable after receiving that notice, serve on the tenant a written notice stating any variation in the provisions which, in the opinion of the Housing Corporation, should be contained in the deed by which the mortgage is to be effected.
Where, after a secure tenant has given notice claiming to exercise the right to be granted a shared ownership lease, the interest of the landlord in the dwelling-house passes from the landlord to another body, all parties shall be in the same position as if the other body had become the landlord before the notice was given and had been given that notice and any further notice given by the tenant to the landlord and had taken all steps which the landlord had taken.
Where a secure tenant exercises both the right to be granted a shared ownership lease and the right to a mortgage, then, without prejudice to the provisions of section 18 of the 1980 Act, the deed by which the mortgage is effected shall, unless otherwise agreed between the parties, enable the tenant to require further sums to be advanced to him in the circumstances and subject to the limits stated in this section; and the right so conferred shall be exercisable, within three months of the tenant claiming to exercise his right to acquire an additional share, on the tenant serving written notice on the landlord or Housing Corporation.
A notice under subsection (1) above may be withdrawn at any time by notice in writing served on the landlord or Housing Corporation.
The amount which a tenant exercising the right to a further advance is entitled to have advanced to him is, subject to the limit imposed by this section, the amount of his additional contribution.
The amount mentioned in subsection (3) above is subject to the limit that the aggregate of that amount and the amount for the time being secured by the mortgage does not exceed the amount to be taken into account, in accordance with regulations under this section, as the tenant’s available annual income multiplied by such factor as, under the regulations, is appropriate to it.
Where the right to a further advance belongs to more than one person the limit is that the aggregate of the amount mentioned in subsection (3) above and the amount for the time being secured by the mortgage does not exceed the aggregate of the amounts to be taken into account in accordance with the regulations as the available annual income of each of them, after multiplying each of those amounts by the factor appropriate to it under the regulations.
The Secretary of State may by regulations make provision for calculating the amount which is to be taken into account under this section as a person’s available annual income and for specifying a factor appropriate to it; and the regulations—
may provide for arriving at a person’s available annual income by deducting from the sums taken into account as his annual income sums related to his needs and commitments, and may exclude sums from those to be taken into account as a person’s annual income; and
may (without prejudice to the generality of subsection (10) below) specify different amounts and different factors for different circumstances.
Where the amount which a tenant is entitled to have advanced to him is reduced by the limit imposed by this section, the landlord may, if it thinks fit and the tenant agrees, treat him as entitled to have advanced to him such amount exceeding that limit but not exceeding the amount mentioned in subsection (3) above as the landlord may determine.
As soon as practicable after the service on it of a notice required by subsection (1) above the landlord or Housing Corporation shall serve on the tenant a written notice stating—
the amount which, in the opinion of the landlord or Housing Corporation, the tenant is entitled to have advanced to him on the assumption that the additional share is as stated in the tenant’s notice under paragraph 3(1) of Schedule 3 to this Act;
if greater than that amount, the amount which, in the opinion of the landlord or Housing Corporation, the tenant would be entitled to have advanced to him if the additional share were such that his total share would be 100 per cent.;
how that amount or those amounts have been arrived at; and
the provisions which, in the opinion of the landlord or Housing Corporation, should be contained in the deed by which the further mortgage is effected.
Any power to make regulations 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.
Regulations under this section may make different provision with respect to different cases or descriptions of case, including different provision for different areas.
Where a secure tenant has claimed to exercise the right to be granted a shared ownership lease and that right has been established, then, as soon as all relevant matters have been agreed or determined, the landlord shall be bound, subject to the following provisions of this section, to make to the tenant a grant of a shared ownership lease of the dwelling-house for the appropriate term defined in sub-paragraph (2) of paragraph 11 of Schedule 2 to the 1980 Act (but subject to sub-paragraph (3) of that paragraph).
Where the transaction is duly completed, the sum of £100 deposited by the tenant with the landlord shall be treated as having been paid towards the tenant’s initial contribution.
Subject to subsections (4) and (5) below, the landlord may at any time serve on the tenant a written notice— and the period stated in a notice under this subsection shall be such period (not less than 56 days) as may be reasonable in the circumstances.
requiring him—
if all relevant matters have been agreed or determined, to complete the transaction within a period stated in the notice;
if any relevant matters are outstanding, to serve on the landlord within that period a written notice to that effect specifying those matters; and
informing the tenant of the effect of this subsection and of subsections (4), (5), (6) and (8) below;
A notice under subsection (3) above shall not be served at any time if, at that time—
any requirement for the determination or re-determination of the value of the dwelling-house by the district valuer has not been complied with;
any proceedings for the determination of any other relevant matter have not been disposed of; or
any relevant matter stated to be outstanding in a written notice served on the landlord by the tenant has not been agreed in writing or determined.
A notice under subsection (3) above shall not be served before the end of the period mentioned in section 16(3) (c) of the 1980 Act.
If the tenant does not comply with a notice under subsection (3) above, the landlord may serve on him a further written notice— and the period stated in a notice under this subsection shall be such period (not less than 56 days) as may be reasonable in the circumstances.
requiring him to complete the transaction within a period stated in the notice; and
informing him of the effect of subsection (8) below;
At any time before the end of the period stated in a notice under subsection (6) above (or that period as extended under this subsection), the landlord may by written notice served on the tenant extend (or further extend) that period.
If the tenant does not comply with a notice under subsection (6) above, the notice claiming to exercise the right to be granted a shared ownership lease and the notice claiming to exercise the right to buy shall be deemed to have been withdrawn at the end of the period stated in the notice under that subsection or, as the case may require, that period as extended under subsection (7) above.
If the tenant has failed to pay rent or any other payment due from him as a tenant for a period of four weeks after if has been lawfully demanded from him, then, while the whole or part of it remains outstanding—
the landlord shall not be bound to complete, and
if a notice under subsection (6) above has been served on the tenant, the tenant shall be deemed not to comply with the notice.
The duty imposed on the landlord by subsection (1) above shall be enforceable by injunction.
On the grant of a shared ownership lease the secure tenancy of the dwelling-house shall come to an end and, if there is then a sub-tenancy, section 139 of the Law of Property Act 1925 shall apply as on a merger or surrender.
In this section “relevant matters” means matters relating to the grant and to the amount to be left outstanding or advanced on the security of the dwelling-house.
Subject to subsection (2) below, Schedule 4 to this Act shall apply in any case where— and in that Schedule expressions used in this section have the same meaning as in this section.
the requirements of subsection (3) below were satisfied with respect to a conveyance or grant of a dwelling-house which is not a flat within the meaning of Schedule 19 to the 1980 Act; and
the conveyance or grant or, in the case of a conveyance which is an assignment of a lease, the lease enabled the vendor or lessor to recover from the purchaser or lessee a service charge, that is to say, an amount payable by the purchaser or lessee—
which is payable, directly or indirectly, for services, repairs, maintenance or insurance or the vendor’s or lessor’s costs of management; and
the whole or part of which varies or may vary according to the relevant costs (within the meaning of Schedule 4 to this Act);
Schedule 4 to this Act shall not apply to periods ending before the commencement date.
The requirements of this subsection are satisfied with respect to a conveyance, or grant if the vendor or lessor is one of the following bodies, namely—
a local authority within the meaning of section 50 of the 1980 Act;
a county council;
the Commission for the New Towns;
a development corporation;
the Housing Corporation;
a housing association falling within subsection (3)(a) of section 15 of the Rent Act 1977;
an urban development corporation within the meaning of Part XVI of the Local Government, Planning and Land Act 1980; and
the Development Board for Rural Wales.
In this section and sections 19 and 20 below—
“the 1961 Act” means the Public Health Act 1961;
“enactment” includes any enactment contained in a local Act;
“grant” means a grant of a long lease;
“shared ownership lease” has the meaning given by section 12(1) above;
Subject to subsection (2) below, Schedule 5 to this Act shall apply in any case where—
the requirements of section 18(3) above were satisfied with respect to a conveyance or grant of a dwelling-house;
the body by whom the conveyance or grant was executed (in that Schedule referred to as “the authority”) is a mortgagee of the dwelling house and as mortgagee has become entitled to exercise the power of sale conferred by section 101 of the Law of Property Act 1925 or by the mortgage deed; and
the conveyance or grant contains a condition of the kind mentioned in section 104(6)(b) or (c) of the 1957 Act, a covenant imposing the limitation specified in section 19(4) of the 1980 Act of any other provision to the like effect and any period during which the provision has effect has not expired.
Schedule 5 to this Act shall not apply where the conveyance or grant was executed before the passing of the 1980 Act.
The vesting of a dwelling-house under Schedule 5 to this Act shall be treated as a relevant disposal for the purposes of section 104B of the 1957 Act or section 8 of the 1980 Act or any provision of the conveyance or grant to the like effect as the covenant required by section 104B(2) or section 8(1).
Where any conveyance or grant executed before the commencement date contains both— the first mentioned covenant or provision shall have effect, as from that date, with such modifications as may be necessary to bring it into conformity with the provision made by sub-sections (1) and (3) above.
the covenant required by section 104B(2) of the 1957 Act or section 8(1) of the 1980 Act or any other provision to the like effect; and
a condition of the kind mentioned in section 104(6)(b) or (c) of the 1957 Act, a covenant imposing the limitation specified in section 19(4) of the 1980 Act or any other provision to the like effect,
Local authorities and the Housing Corporation may, with the approval of the Secretary of State, enter into agreements with recognised bodies making relevant advances on the security of dwelling-houses whereby, in the event of default by the mortgagor, and in circumstances and subject to conditions specified in the agreements, an authority or the Corporation binds itself to indemnify the recognised body in respect of—
the whole or part of the mortgagor’s outstanding indebtedness: and
any loss or expense falling on the recognised body in consequence of the mortgagor’s default.
The agreement may also, where the mortgagor is made party to it, enable or require the authority or the Corporation in specified circumstances to take a transfer of the mortgage and assume rights and liabilities under it, the recognised body being then discharged in respect of them.
the transfer may be made to take effect—
on any terms provided for by the agreement (including terms involving substitution of a new mortgage agreement or modification of the existing one); and
so that the authority or the Corporation are treated as acquiring (for and in relation to the purposes of the mortgage) the benefit and burden of all preceding acts, omissions and events.
The Secretary of State may under subsection (1) above approve particular agreements or give notice that particular forms of agreement have his approval; and
he may in either case make the approval subject to conditions;
he shall, before giving notice that a particular form has his approval, consult such organisations representative of recognised bodies and local authorities as he thinks expedient.
In this section—
“local authority” means a county or district council, the Greater London Council, a London borough council, the Common Council of the City of London or the Council of the Isles of Scilly;
“initial notice” has the meaning assigned to it by section 39(1) above;
“the enactments relating to building regulations” means this Part of this Act and the enactments referred to in section 76(1) of the 1974 Act;
Before making an order under subsection (5) above varying or revoking an order previously made, the Secretary of State shall give an opportunity for representations to be made on behalf of any recognised body which, if the order were made, would cease to be such a body.
Section 16(3) and (5) of the Restrictive Trade Practices Act 1976 (recommendations by services supply association to members) shall not apply to recommendations made to recognised bodies about the making of agreements under this section, provided that the recommendations are made with the approval of the Secretary of State, which may be withdrawn at any time on one month’s notice.
A local authority may contribute towards any costs incurred by any person in connection with any legal charge which secures, or any proposed legal charge which is intended to secure, a relevant advance made or proposed to be made to him by a body specified in subsection (2), below, but only to the extent that the contribution does not exceed such amount as may be specified in an order made by the Secretary of State.
The bodies referred to in subsection (1) above are—
any recognised body; and
any building society within the meaning of the Building Societies Act 1962 or the Building Societies Act (Northern Ireland) 1967.
An order under subsection (1) above shall be made by statutory instrument which shall be subject to annulment in pursuance of a resolution of either House of Parliament.
In this section expressions used in section 20 above have the same meaning as in that section.
Except with the consent of the Secretary of State, a local authority shall not dispose of a dwelling-house to which this section applies otherwise than in pursuance of Chapter I of Part I of the 1980 Act or this Part of this Act.
A dwelling-house in one to which this section applies if— unless (in either case) it has been aquired or appropriated by the local authority for the purposes of Part V of the 1957 Act.
it is let on a secure tenancy; or
a lease of it has been granted in pursuance of Chapter I of Part I of the 1980 Act or this Part of this Act,
A consent under this section may be given either generally to all local authorities or to any particular local authority or description of authority and either generally in relation to all dwelling-houses to which this section applies or in relation to any particular dwelling-house or description of dwelling-house to which this section applies.
Any such consent may be given subject to such conditions as the Secretary of State sees fit to impose.
Without prejudice to the generality of subsection (4) above, any such consent may be given subject to conditions as to the price, premium or rent to be obtained on a disposal of a dwelling-house to which this section applies, including conditions as to the amount by which, on a disposal of such a dwelling-house by way of sale or by the grant or assignment of a lease at a premium, the price or premium is to be, or may be, discounted by the local authority.
Section 26(1) of the Town and Country Planning Act 1959 (power of local authorities etc. to dispose of land without consent) shall not apply to any disposal which requires a consent under this section.
If— then, unless the disposal is to an individual (or to two or more individuals) and does not extend to any other dwelling-house to which this section applies, it shall be void and section 128(2) of the Local Government Act 1972, or, as the case may be, section 29 of the Town and Country Planning Act 1959 (protection of purchasers) shall not apply.
a local authority dispose of a dwelling-house to which this section applies; and
the disposal is one which requires a consent under this section but is made without such a consent,
For the purposes of this section the grant of an option to purchase the freehold of, or any other interest in, a dwelling-house to which this section applies is such a disposal and any consent given under this section to such a disposal extends to any disposal made in pursuance of the option.
In this section “local authority” has the same meaning as in section 20 above.
Schedule 6 shall have effect for the purpose of making, in relation to section 104B (repayment of discount on early disposal) and section 104C (houses in National Parks and areas of outstanding natural beauty etc.) of the 1957 Act, provision corresponding to that made, in relation to sections 8 and 19 of the 1980 Act, by sections 5 and 8 above.
Where—
a lease of a dwelling-house granted otherwise than in pursuance of this Part of this Act contains a provision to the like effect as that required by paragraph 3 of Schedule 3 to this Act; and
a body specified in section 18(3) above has, in the exercise of any of its powers, left outstanding of advanced any amount on the security of the dwelling-house, that power shall include power to advance further amounts for the purpose of assisting the tenant to make payments in pursuance of that provision.
This section shall be deemed always to have had effect.
In part I of Schedule 4 to the 1980 Act (grounds on which court may order possession) after ground 5 there shall be inserted the following grounds—
In subsection (2) of section 34 of that Act (grounds and orders for possession) for the words “grounds 10 to 13” there shall be substituted the words “grounds 9A to 13” and in that Part of that Schedule after ground 9 there shall be inserted the following ground—
The matters to be taken into account by the court in determining whether it is reasonable to make an order on ground 13 shall include—
For section 37 of the 1980 Act (effect of assignment or subletting etc.) there shall be substituted the following sections—
After Schedule 4 to the 1980 Act there shall be inserted, as Schedule 4A, the Schedule set out in Schedule 7 to this Act.
Subject to subsection (4) below, section 37 of the 1980 Act as originally enacted shall be deemed never to have applied in relation to the assignment of secure tenancies.
Nothing in subsection (3) above shall affect—
in the case of a periodic tenancy, the operation of a notice to quit served on the tenant before the commencement date;
in the case of a tenancy for a term certain, any proceedings for forfeiture in pursuance of a notice served on the tenant before that date.
In section 39 of the 1980 Act (rent not to be increased on account of tenant’s improvements) for paragraph (b) there shall be substituted the following paragraphs—
After section 41 of the 1980 Act there shall be inserted the following section—
After section 41A of the 1980 Act there shall be inserted the following section—
The Secretary of State may by order provide that, in cases falling within subsection (2) below, Part I of the 1980 Act and this Part of this Act shall have effect with such modifications as are specified in the order.
The cases referred to in subsection (1) above are cases where there are in a dwelling-house let on a secure tenancy one or more interests to which this subsection applies; and this subsection applies to any interest which—
is held by a body mentioned in section 18(3) above; and
is immediately superior to the interest of the landlord or to another interest to which this subsection applies.
An order under this section may make different provision with respect to different cases or descriptions of case and may contain such consequential, supplementary or transitional provisions as appear to the Secretary of State to be necessary or expedient.
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
Where a dwelling-house let on a secure tenancy is land held— then, for the purpose of Chapter I of Part I of the 1980 Act and this part of this Act, the dwelling-house shall be deemed to be freed from any trust arising solely by virtue of its being land held in trust for enjoyment by the public in accordance with the said section 164 or, as the case may be, the said section 10.
for the purposes of section 164 of the Public Health Act 1875 (pleasure grounds); or
in accordance with section 10 of the Open Spaces Act 1906 (duty of local authority to maintain open spaces and burial grounds),
A notice served by a tenant under Chapter I of Part I of the 1980 Act or this Part of this Act shall not be invalidated by any error in or omission from any particulars which are required by regulations under section 22 of that Act to be contained in the notice.
Where as a result of any such error or omission— the parties shall, as soon as practicable after they become aware of the mistake, take all such steps (whether by way of amending, withdrawing or re-serving any notice or extending any period or otherwise) as may be requisite for the purpose of securing that all parties are (as nearly as may be) in the same position as that in which they would have been if the mistake had not been made.
the landlord has mistakenly admitted or denied the right to buy in a notice under section 5(1) of the 1980 Act or the right to be granted a shared ownership lease in a notice under section 13(1) above; or
the landlord or the Housing Corporation has formed a mistaken opinion as to any matter required to be stated in a notice by any of the provisions specified in sub-section (3) below and has stated that opinion in the notice,
The said provisions are—
section 10(1)(a) of the 1980 Act (notice of purchase price);
section 12(4)(a) of that Act (notice of mortgage entitlement);
section 14(1)(a) above (notice of initial contribution);
section 16(8) above (notice of entitlement to further advance); and
paragraph 3(4)(a) of Schedule 3 to this Act (notice of additional contribution).
Subsection (2) above shall not apply in any case where the tenant has exercised the right to which the notice relates before the commencement date or before the parties become aware of the mistake.
The Secretary of State may pay housing association grant under section 29 of the Housing Act 1974 (in this Part of this Act referred to as “the 1974 Act”) to an association registered under section 13 of that Act in cases where, after a tenant has exercised or has claimed to exercise the right to buy or the right to be granted a shared ownership lease, the association carries out to the dwelling-house or to the building in which it is situated works of repair or improvement.
Where in a case falling within subsection (1) above a housing association grant is made after the tenant has exercised the right to buy or the right to be granted a shared ownership lease, the Secretary of State may reduce the amount of the grant.
In section 30(3) of the 1974 Act (repayment etc. of housing association grant in certain circumstances), after paragraph (a) there shall be inserted the following paragraph—.
If, after a housing association grant has been made under section 29 of the 1974 Act to an association registered under section 13 of that Act— the association shall notify the Secretary of State of the disposal or payment and, if so required by written notice of the Secretary of State, shall furnish him with such particulars of and information relating to the disposal or payment as are specified in the notice.
there is such a disposal as is mentioned in paragraph (a) of subsection (3) of section 30 of that Act; or
there is made such a payment as is mentioned in paragraph (aa) of that subsection,
Where a housing association grant has been so made, the Chief Land Registrar may furnish the Secretary of State with such particulars and information as he may reasonably require for the purpose of determining—
whether there has been such a disposal as is mentioned in paragraph (a) of subsection (3) of section 30 of the 1974 Act; or
whether there has been made such a payment as is mentioned in paragraph (aa) of that subsection.
The amendment made by subsection (1) above shall apply whether the payment was made before or after the commencement date.
This section applies to any tenant of a publicly funded dwelling-house who, but for subsection (1) of (2)(a) of section 2 of the 1980 Act (exception for cases where a landlord is a charitable housing association etc.), would have the right to buy; and a dwelling-house is publicly funded for the purposes of this section if housing association grant has been paid under section 29 of the 1974 Act in respect of a project which included—
the aquisition of the dwelling-house;
the aquisition of a building and the provision of the dwelling-house by means of the conversion of that building; or
the acquisition of land and the construction of the dwelling-house on that land.
The Secretary of State may pay housing association grant under section 29 of the 1974 Act to an association registered under section 13 of that Act in cases where the association first acquires a dwelling-house and then disposes of it at a discount to a tenant to whom this section applies.
Where an association registered under section 13 of the 1974 Act contracts for the acquisition of a dwelling-house and, without taking the conveyance, grant or assignment, disposes of its interest to a tenant to whom this section applies, subsection (2) above and the following provisions, namely— shall have effect as if the association first acquired the dwelling-house and then disposed of it to that tenant.
section 122 of the 1980 Act and sections 104B(2) to (9) and 104C of the 1957 Act as applied by that section (disposals by housing associations);
Part II of Schedule 1A to the 1980 Act (qualification and discount);
section 2 of the 1974 Act (consent of Housing Corporation to disposals); and
section 9 (2) of that Act (loans by Housing Corporation),
Section 13 of the 1974 Act shall have effect as if the additional purposes or objects mentioned in subsection (3) of that section included the purpose or object of effecting transactions falling within subsection (2) above.
In this section “dwelling-house” includes a house within the meaning of the 1957 Act.
In section 28 of the the 1980 Act (secure tenancies) paragraph (d) of subsection (2) and the word “or” immediately preceding that paragraph shall be omitted and after paragraph (a) of subsection (4) there shall be inserted the following paragraph—.
In Schedule 3 to the 1980 Act (tenancies which are not secure tenancies) paragraph 3 shall be omitted and after paragraph 2 there shall be inserted the following paragraphs—
In this paragraph “surrounding area”, in relation to a district or London borough, means the area which consists of each district or London borough that adjoins it.
The paragraph inserted in Schedule 3 to the 1980 Act as paragraph 2C does not apply to a tenancy granted before the commencement date unless, immediately before that date, the interest of the landlord belongs to a county council.
That paragraph and paragraphs 6 and 11 of that Schedule shall have effect in relation to a tenancy granted before the commencement date and in the case of which, immediately before that date, the interest of the landlord belongs to a county council as if for the words “before the grant of the tenancy” there were substituted the words “before the end of the period of three months beginning with the commencement of Part I of the 1984 Act”.
This section applies where—
a secure tenant has claimed to exercise the right to buy, that right has been established and the tenant’s notice under section 5(1) of the 1980 Act remains in force on the commencement date;
the tenant has claimed the right to a mortgage and the landlord or the Housing Corporation has, before the commencement date, served a notice on the tenant under section 12(4) of that Act; and
the amount which, in the opinion of the landlord or Housing Corporation, the tenant is entitled to leave outstanding, or to have advanced to him, on the security of the dwelling-house is less than the aggregate mentioned in section 9(1) of that Act.
The landlord shall, within four weeks of the commencement date, serve on the tenant a notice in writing informing him of the effect of this Part of this Act so far as relating to the right to be granted a shared ownership lease; and that notice shall be accompanied by a form for use by the tenant in claiming in accordance with section 13(1) above, the right to be granted a shared onwership lease.
Any notice served by a landlord under section 16(2) of the 1980 Act before the commencement date shall be deemed to have been withdrawn.
No notice shall be served by the landlord under subsection (2) of section 16 of the 1980 Act earlier than, and a notice may be served by the tenant under subsection (4)(c) of that section at any time before, the expiration of the period of three months beginning with the service of the notice under subsection (2) above.
In this Part of this Act expressions used in Chapter I of Part I of the 1980 Act have the same meanings as in that Chapter.
In this Part of this Act—
“the 1957 Act” means the Housing Act 1957;
“the 1974 Act” means the Housing Act 1974;
“the 1980 Act” means the Housing Act 1980;
In any cases where— then, so long as the initial notice continues in force, the approved inspector by whom the notice was given shall undertake such functions as may be prescribed with respect to the inspection of plans of the work specified in the notice, the supervision of that work and the giving of certificates and other notices.
a notice in the prescribed form (in the enactments relating to building regulations referred to as an “initial notice”) is given jointly to a local authority by a person intending to carry out work and a person who is an approved inspector in relation to that work;
the initial notice is accompanied by such plans of the work as may be prescribed;
the initial notice is accompanied by such evidence as may be prescribed that an approved scheme applies, or the prescribed insurance cover has been or will be provided, in relation to the work; and
the initial notice is accepted by the local authority,
A local authority to whom an initial notice is given— and in any case where the work to which an initial notice relates is work of such a description that, if plans of it had been deposited with the local authority, the authority could, under any enactment, have imposed requirements as a condition of passing the plans, the local authority may impose the like requirements as a condition of accepting the initial notice.
may not reject the notice except on prescribed grounds, and
shall reject the notice if any of the prescribed grounds exists,
Unless, within the prescribed period, the local authority to whom an initial notice is given give notice of rejection, specifying the ground or grounds in question, to each of the persons by whom the initial notice was given, the authority shall be conclusively presumed to have accepted the initial notice and to have done so without imposing any such requirements as are referred to in subsection (2) above.
An initial notice shall come into force when it is accepted by the local authority, either by notice given within the prescribed period to each of the persons by whom it was given or by virtue of subsection (3) above and, subject to section 43(3) below, shall continue in force until— and building regulations may empower a local authority to extend (whether before or after its expiry) any such period of time as is referred to in paragraph (b) above.
it is cancelled by a notice under section 44 below; or
the occurrence of, or the expiry of a prescribed period of time beginning on the date of, such event as may be prescribed;
The form prescribed for an initial notice may be such as to require—
either or both of the persons by whom the notice is to be given to furnish information relevant for the purposes of this Part of this Act, Part II or Part IV of the 1936 Act, Part II of the 1961 Act or any provision of building regulations; and
the approved inspector by whom the notice is to be given to enter into undertakings with respect to his performance of any of the functions referred to in subsection (1) above.
The Secretary of State may approve for the purposes of this section any scheme which appears to him to secure the provision of adequate insurance cover in relation to any work which is specified in an initial notice and is work to which the scheme applies.
Building regulations may prescribe for the purposes of this section the insurance cover which is to be provided in relation to any work which is specified in an initial notice and is not work to which an approved scheme applies and may, in particular prescribe the form and content of policies of insurance.
So long as an initial notice continues in force, the function of enforcing building regulations which is conferred on a local authority by section 4(3) of the 1961 Act shall not be exercisable in relation to the work specified in the notice and, accordingly—
a local authority may not give a notice under section 65(1) of the 1936 Act (removal of alteration of work which contravenes building regulations) in relation to the work so specified; and
a local authority may not institute proceedings under section 4(6) of the 1961 Act for any contravention of building regulations which arises out of the carrying out of the work so specified.
For the purposes of the enactments specified in sub-section (3) below,—
the giving of an initial notice accompanied by such plans as are referred to in section 39(1)(b) above shall be treated as the deposit of plans; and
the plans accompanying an initial notice shall be treated as the deposited plans; and
the acceptance or rejection of an initial notice shall be treated as the passing or, as the case may be, the rejection of plans; and
the cancellation of an initial notice under section 44(5) below shall be treated as a declaration under section 66 of the 1936 Act that the deposit of plans is to be of no effect.
The enactments referred to in subsection (2) above are—
subsection (2) of section 65 of the 1936 Act (powers of local authority where work is executed without plans being deposited etc.);
subsection (4) of that section (restriction of powers of local authority to act), in so far as it relates to a notice under subsection (2) thereof and to non-compliance with any such requirement as is referred to in that subsection;
subsection (5) of that section (saving for right to obtain injunction for certain contraventions), in so far as it relates to a contravention of any enactment in the 1936 Act;
section 14(6) of the Water Act 1973 (notice of proposal to erect or extend building over water authority’s sewer), and
sections 219 to 225 of the Highways Act 1980 (the advance payments code).
For the purposes of section 13 of the Fire Precautions Act 1971 (exercise of fire authority’s powers where provisions of building regulations as to means of escape apply)—
the acceptance by a local authority of an initial notice relating to any work shall be treated as the deposit of plans of the work with the authority in accordance with building regulations; and
the references in subsections (1)(ii) and (3)(b) of that section to matters or circumstances of which particulars are not or were not required by or under the building regulations to be supplied to the local authority in connection with the deposit of plans shall be construed as a reference to matters or circumstances of which particulars would not be or, as the case may be, would not have been required to be so supplied if plans were to be or had been deposited with the authority in accordance with building regulations.
In the enactments relating to building regulations “approved inspector” means a person who, in accordance with building regulations, is approved for the purposes of this Part of this Act—
by the Secretary of State; or
by a body (corporate or unincorporated) which, in accordance with the regulations, is designated by the Secretary of State for the purpose.
Any such approval as is referred to in subsection (1) above may limit the description of work in relation to which the person concerned is an approved inspector.
Any such designation as is referred to in subsection (1)(b) above may limit the cases in which and the terms on which the body designated may approve a person and, in particular, may provide that any approval given by the body shall be limited as mentioned in subsection (2) above.
There shall be paid on an application for any such approval as is referred to in subsection (1) above—
where the application is made to the Secretary of State, such fee as may be prescribed by building regulations;
where the application is made to a body designated by him as mentioned in that subsection, such fee as that body may determine.
Building regulations may—
contain provision prescribing the period for which, subject to any provision made by virtue of paragraph (b) or (c) below, any such approval as is referred to in subsection (1) above shall continue in force;
contain provision precluding the giving of, or requiring the withdrawal of, any such approval as is referred to in that subsection in such circumstances as may be prescribed by the regulations;
contain provision authorising the withdrawal of any such approval or designation as is so referred to;
provide for the maintenance by the Secretary of State of a list of bodies who are for the time being designated by him as mentioned in subsection (1) above and for the maintenance by the Secretary of State and by each designated body of a list of persons for the time being approved by him or them as mentioned in that subsection;
make provision for the supply to local authorities of copies of any list of approved inspectors maintained by virtue of paragraph (d) above and for such copy lists to be made available for inspection; and
make provision for the supply, on payment of a prescribed fee, of a certified copy of any entry in a list maintained by virtue of paragraph (d) above or in a copy list held by a local authority by virtue of paragraph (e) above.
Unless the contrary is proved, in any proceedings (whether civil or criminal) a document which appears to the court to be a certified copy of an entry either in a list maintained as mentioned in subsection (5)(d) above or in a copy of such a list supplied as mentioned in subsection (5)(e) above—
shall be presumed to be a true copy of an entry in the current list so maintained; and
shall be evidence of the matters stated therein.
In subsection (1) of section 62 of the 1974 Act (building regulations may require local authorities to undertake consultation in prescribed circumstances) after the words “local authorities” there shall be inserted the words “and approved inspectors”.
An approved inspector may make such charges in respect of the carrying out of functions referred to in section 39(1) above as may in any particular case be agreed between him and the person who intends to carry out the work in question or, as the case may be, by whom that work is being or has been carried out.
Nothing in this Part of this Act prevents an approved inspector from arranging for plans or work to be inspected on his behalf by another person; but any such delegation— and, without prejudice to the generality of paragraph (b) above, an approved inspector shall be liable for negligence on the part of any person carrying out any inspection on his behalf in like manner as if it were negligence by a servant of his acting in the course of his employment.
shall not extend to the giving of any certificate under section 42 or section 43 below; and
shall not affect any liablity, whether civil or criminal, of the approved inspector which arises out of functions conferred on him by this Part of this Act or by building regulations;
Where an approved inspector— he shall, if requested to do so by the person intending to carry out the work, give a certificate in the prescribed form (in the enactments relating to building regulations referred to as a “plans certificate”) to the local authority and to that person.
has inspected plans of the work specified in an initial notice given by him, and
is satisfied that the plans neither are defective nor show that work carried out in accordance with them would contravene any provision of building regulations, and
has complied with any prescribed requirements as to consultation or otherwise,
In any case where any question arises under subsection (1) above between an approved inspector and a person who proposes to carry out any work whether plans of the work are in conformity with building regulations, that person may refer the question to the Secretary of State for this determination; and an application for a reference under this subsection shall be accompanied by such fee as may be prescribed by building regulations.
Building regulations may authorise the giving of an initial notice combined with a certificate under subsection (1) above and may prescribe a single form for such a combined notice and certificate; and where such a prescribed form is used—
any reference in this Part of this Act to an initial notice or to a plans certificate shall be construed as including a reference to that form; but
should the form cease to be in force as an initial notice by virtue of subsection (4) of section 39 above, nothing in that subsection shall affect the continuing validity of the form as a plans certificate.
A plans certificate—
may relate either to the whole or to part only of the work specified in the initial notice concerned; and
shall not have effect unless it is accepted by the local authority to whom it is given.
A local authority to whom a plans certificate is given—
may not reject the certificate except on prescribed grounds; and
shall reject the certificate if any of the prescribed grounds exists.
Unless, within the prescribed period, the local authority to whom a plans certificate is given give notice of rejection, specifying the ground or grounds in question, to— the authority shall be conclusively presumed to have accepted the certificate.
the approved inspector by whom the certificate was given, and
the other person to whom the approved inspector gave the certificate,
If it appears to a local authority by whom a plans certificate has been accepted that the work to which the certificate relates has not been commenced within the period of three years beginning on the date on which the certificate was accepted, the authority may rescind their acceptance of the certificate by notice, specifying the ground or grounds in question, given—
to the approved inspector by whom the certificate was given; and
to the person shown in the initial notice concerned as the person intending to carry out the work.
Where an approved inspector is satisfied that any work specified in an initial notice given by him has been completed, he shall give— such certificate with respect to the completion of the work and the discharge of his functions as may be prescribed (in the enactments relating to building regulations referred to as a “final certificate”).
to the local authority by whom the initial notice was accepted, and
to the person by whom the work was carried out,
Subsection (4) to (6) of section 42 above shall have effect in relation to a final certificate as if any reference in those subsection to a plans certificate were a reference to a final certificate.
Where a final certificate has been given with repect to any of the work specified in an initial notice and that certificate has been accepted by the local authority concerned, the initial notice shall cease to apply to that work, but the provisions of section 40(1) above shall, by virtue of this subsection, continue to apply in relation to that work as if the initial notice continued in force in relation to it.
If, at any time when an initial notice is in force— the approved inspector shall cancel the initial notice by notice in the prescribed form given to the local authority concerned and to the person carrying out or intending to carry out the work.
the approved inspector becomes or expects to become unable to carry out (or to continue to carry out) his functions with respect to any of the work specified in the initial notice, or
the approved inspector is of the opinion that any of the work is being so carried out that he is unable adequately to carry out his functions with respect to it, or
the approved inspector is of the opinion that there is a contravention of any provision of building regulations with respect to any of that work and the circumstances are as mentioned in subsection (2) below.
The circumstances referred to in subsection (1)(c) above are—
that the approved inspector has, in accordance with building regulations, given notice of the contravention to the person carrying out the work; and
that, within the prescribed period, that person has neither pulled down nor removed the work nor effected such alterations in it as may be necessary to make it comply with building regulations.
If, at a time when an initial notice is in force, it appears to the person carrying out or intending to carry out the work specified in the notice that the approved inspector is no longer willing or able to carry out his functions with repect to any of that work, he shall cancel the initial notice by notice in the prescribed form given to the local authority concerned and, if it is practicable to do so, to the approved inspector.
If any person fails without reasonable excuse to give to a local authority a notice which he is required to give by subsection (3) above he shall be liable on summary conviction to a fine not exceeding level 5 on the standard scale (as defined in section 75 of the Criminal Justice Act 1982).
If, at a time when an initial notice is in force, it appears to the local authority by whom the initial notice was accepted that the work to which the initial notice relates has not been commenced within the period of three years beginning on the date on which the initial notice was accepted, the authority may cancel the initial notice by notice in the prescribed form given—
to the approved inspector by whom the initial notice was given; and
to the person shown in the initial notice as the person intending to carry out the work.
A notice under subsection (1), (3) or (5) above shall have the effect of cancelling the initial notice to which it relates with effect from the day on which the notice is given.
The provisions of this section apply where an initial notice ceases to be in force by virtue of paragraph (a) or paragraph (b) of subsection (4) of section 39 above.
Building regulations may provide that, if— then, with respect to the work specified in the certificate, such of the functions of a local authority referred to in section 40(1) above as may be prescribed for the purposes of this subsection either shall not be exercisable or shall be exercisable only in prescribed circumstances.
a plans certificate was given before the day on which the initial notice ceased to be in force, and
that certificate was accepted by the local authority (before, on or after that day), and
before that day, that acceptance was not rescinded by a notice under section 42(7) above,
If, before the day on which the initial notice ceased to be in force, a final certificate was given in respect of part of the work specified in the initial notice and that certificate was accepted by the local authority (before, on or after that day), the fact that the initial notice has ceased to be in force shall not affect the continuing operation of section 43(3) above in relation to that part of the work.
Notwithstanding anything in subsections (2) and (3) above, for the purpose of enabling the local authority to perform the functions referred to in section 40(1) above in relation to any part of the work not specified in a plans certificate or final certificate, as the case may be, building regulations may require the local authority to be provided with plans which relate not only to that part but also to the part to which the certificate in question relates.
In any case where this section applies, the reference in subsection (4) of section 65 of the 1936 Act (twelve month time limit for giving certain notices) to the date of the completion of the work in question shall have effect, in relation to a notice under subsection (1) of that section, as if it were a reference to the date on which the initial notice ceased to be in force.
Subject to any provision of building regulations made by virtue of subsection (2) above, if, before the initial notice ceased to be in force, an offence under section 4(6) of the 1961 Act (contravention of provisions of building regulations) was committed with respect to any of the work specified in that notice, summary proceedings for that offence may be commenced by the local authority at any time within six months beginning with the day on which the functions of the local authority referred to in section 40(1) above became exercisable with respect to the provision of building regulations to which the offence relates.
The fact that an initial notice has ceased to be in force shall not affect the right to give a new initial notice relating to any of the work which was specified in the original notice and in respect of which no final certificate has been given and accepted; but where— section 42(1) above shall not apply in relation to so much of the work to which the new initial notice relates as is work specified in the plans certificate.
a plans certificate has been given in respect of any of that work, and
the conditions in paragraphs (a) to (c) of subsection (2) above are fulfilled with respect to that certificate, and
such a new initial notice is given and accepted,
This section applies where a body (corporate or unincorporated) which acts under any enactment for public purposes and not for its own profit and is, or is of a description which is, approved by the Secretary of State in accordance with building regulations (in this Part of this Act referred to as a “public body”)—
intends to carry out in relation to a building belonging to it work to which the substantive requirements of building regulations apply; and
considers that the work can be adequately supervised by its own servants or agents; and
gives to the local authority in whose district the work is to be carried out notice in the prescribed form (in the enactments relating to building regulations referred to as a “public body’s notice”) together with such plans of the work as may be prescribed.
A public body’s notice shall be of no effect unless it is accepted by the local authority to whom it is given; and that local authority— and in any case where the work to which the public body’s notice relates is work of such a description that, if plans of it had been deposited with the local authority, the authority could, under any enactment, have imposed requirements as a condition of passing the plans, the local authority may impose the like requirements as a condition of accepting the public body’s notice.
may not reject the notice except on prescribed grounds, and
shall reject the notice if any of the prescribed grounds exists,
Unless, within the prescribed period, the local authority to whom a public body’s notice is given give notice of rejection, specifying the ground or grounds in question, the authority shall be conclusively presumed to have accepted the public body’s notice and to have done so without imposing any such requirements as are referred to in subsection (2) above.
Section 40 above shall have effect for the purposes of this section—
with the substitution of a reference to a public body’s notice for any reference to an initial notice; and
with the substitution, in subsection (2)(a), of a reference to subsection (1)(c) of this section for the reference to section 39(1)(b).
The form prescribed for a public body’s notice may be such as to require the public body by whom it is to be given—
to furnish information relevant for the purposes of this Part of this Act, Part II or Part IV of the 1936 Act, Part II of the 1961 Act or any provision of building regulations; and
to enter into undertakings with respect to consultation and other matters.
Where a public body’s notice is given and accepted by the local authority to whom it is given, the provisions of Schedule 8 to this Act shall have effect, being provisions which correspond, as near as may be, to those made by the preceding provisions of this Part of this Act for the case where an initial notice is given and accepted.
A person aggrieved by the local authority’s rejection of— may appeal to a magistrates' court acting for the petty sessions area in which is situated land on which will be or has been carried out any work to which the notice or certificate relates.
an initial notice or a public body’s notice, or
a plans certificate, a final certificate, a public body’s plans certificate or a public body’s final certificate,
On an appeal under this section the court shall—
if they determine that the notice or certificate was properly rejected, confirm the rejection; and
in any other case, give a direction to the local authority to accept the notice or certificate.
The procedure on appeal to a magistrates' court under this section shall be by way of complaint for an order and the Magistrates' Courts Act 1980 shall apply to the proceedings.
Every local authority shall keep, in such manner as may be prescribed, a register containing such information as may be prescribed with respect to initial notices, public body’s notices and certificates given to them, including information as to whether such notices or certificates have been accepted or rejected.
The information which may be prescribed under subsection (1) above with respect to an initial notice includes information with respect to the insurance cover provided with respect to the work to which the initial notice relates.
The reference in subsection (1) above to certificates is a reference to plans certificates, final certificates, public body’s plans certificates, public body’s final certificates and certificates given under section 64(2C) of the 1936 Act (which provision is set out in section 56 below).
Every register kept under this section shall be available for inspection by the public at all reasonable hours.
If any person— he shall be guilty of an offence.
gives a notice or certificate which purports to comply with the requirements of this Part of this Act or, as the case may be, of section 64(2C) of the 1936 Act and which contains a statement which he knows to be false or misleading in a material particular, or
recklessly gives a notice or certificate which purports to comply with those requirements and which contains a statement which is false or misleading in a material particular,
A person guilty of an offence under subsection (1) above shall be liable—
on summary conviction, to a fine not exceeding the statutory maximum (as defined in section 74 of the Criminal Justice Act 1982) or imprisonment for a term not exceeding six months or both; and
on conviction on indictment, to a fine or imprisonment for a term not exceeding two years or both.
Where an approved inspector or person approved for the purposes of section 64(2C) of the 1936 Act is convicted of an offence under this section, the court by or before which he is convicted shall, within one month of the date of conviction, forward a certificate of the conviction to the person by whom the approval was given.
Where an initial notice or a public body’s notice has continued in force for any period, the local authority by whom it was accepted may require the approved inspector or public body by whom it was given to furnish them with any information which— and that section shall have effect as if during that period that function had continued to be so exercisable.
they would have obtained themselves if during that period their function of enforcing building regulations had continued to be exercisable in relation to the work specified in the notice; and
they require for the purpose of performing their duty under section 230 of the Local Government Act 1972 (reports and returns);
In this Part of this Act—
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Any reference in this Part of this Act to the carrying out of work includes a reference to the making of a material change of use, as defined by and for the purposes of building regulations.
Any reference in this Part of this Act to an initial notice given by an approved inspector is a reference to a notice given by him jointly with another person as mentioned in section 39(1)(a) above.
Sections 74 and 76 of the 1974 Act (construction and interpretation) shall have effect as if the preceding provisions of this Part of this Act (other than subsection (1) above) were included in Part III of the 1974 Act.
Building regulations may exempt— from compliance with any requirements of those regulations which are not substantive requirements.
a local authority,
a county council, and
any other body which acts under any enactment for public purposes and not for its own profit and is prescribed for the purpose of this section by building regulations,
A local authority, county council or other body which is exempted as mentioned in subsection (1) above is in subsection (3) below referred to as an “exempt body”.
Without prejudice to the obligation of an exempt body to comply with substantive requirements of building regulations, the function of enforcing building regulations which is conferred on local authorities by section 4(3) of the 1961 Act shall not be exercisable in relation to work carried out by an exempt body and, accordingly—
nothing in subsections (1) to (4) of section 65 of the 1936 Act (powers to require removal or alteration of certain work) shall apply in relation to work so carried out; and
a local authority may not institute proceedings under section 4(6) of the 1961 Act for any contravention of building regulations by an exempt body.
In this section “substantive requirements of building regulations” has the meaning assigned to it by section 76(3) of the 1974 Act.
After subsection (2) of section 6 of the 1961 Act there shall be inserted the following subsections:—
In subsection (1) of section 8 of the 1961 Act (opportunity for representations about proposals to relax building regulations) after the words “local authority”, in the first and second places where they occur, there shall be inserted the words “or other body”, for the words “application is” there shall be substituted the words “direction is proposed to be” and for the words “before publication of the notice” there shall be substituted the words “where the direction is proposed to be made on an application”.
In subsection (2) and (5) of that section after the words “local authority”, in each place where they occur, there shall be inserted the words “or other body” and in subsection (3) of that section for the words “application is” there shall be substituted the words “direction is proposed to be”.
In section 15(1) of the Fire Precautions Act 1971 (consultation with fire authority prior to exercise by local authority of powers under section 6 of the 1961 Act) after the words “local authority”, in the first place where they occur, there shall be inserted the words “or a public body, as defined in section 6(2B) of that Act, proposes to exercise the power conferred on it by section 6(2A) of that Act” and after the words “local authority”, in the second place where they occur, there shall be inserted the words “or other body”.
For the purpose of providing practical guidance with respect to the requirements of any provision of building regulations, the Secretary of State or a body designated by him for the purposes of this section may— if in the opinion of the Secretary of State or, as the case may be, the body concerned the document is suitable for that purpose.
approve and issue any document (whether or not prepared by him or by the body concerned), or
approve any document issued or proposed to be issued otherwise than by him or by the body concerned,
References in this section and section 55 below to a document include references to any part of a document; and accordingly, in relation to a document of which part only is approved, any reference in the following provisions of this section or in section 55 below to the approved document is a reference only to the part of it which is approved.
An approval given under subsection (1) above shall take effect in accordance with a notice which is issued by the Secretary of State or, as the case may be, the body giving the approval and which—
identifies the approved document in question;
states the date on which the approval of it is to take effect; and
specifies the provisions of building regulations for the purposes of which the document is approved.
The Secretary of State or, as the case may be, the body which gave the approval may— and subsection (3) above shall, with the necessary modifications, apply in relation to an approval which is given under this subsection to a revision as it applies in relation to an approval which is given under subsection (1a) above to a document.
from time to time approve and issue a revision of the whole or any part of an approved document issued by him or it for the purposes of this section; and
approve any revision or proposed revision of the whole or any part of any approved document;
The Secretary of State or, as the case may be, the body which gave the approval may withdraw his or its approval of a document under this section; and such a withdrawal of approval shall take effect in accordance with a notice which is issued by the Secretary of State or body concerned and which—
identifies the approved document in question; and
states the date on which the approval of it is to cease to have effect.
References in subsections (4) and (5) above and in section 55 below to an approved document are references to that document as it has effect for the time being, having regard to any revision of the whole or any part of it which has been approved under subsection (4) above.
Where a body ceases to be a body designated by the Secretary of State for the purposes of this section, subsections (4) and (5) above shall have effect as if any approval given by that body had been given by the Secretary of State.
The power to designate a body for the purposes of this section shall be exercisable by order made by statutory instrument which shall be subject to annulment in pursuance of a resolution of either House of Parliament.
A failure on the part of any person to comply with an approved document shall not of itself render him liable to any civil or criminal proceedings; but if, in any proceedings whether civil or criminal, it is alleged that any person has at any time contravened a provision of building regulations—
a failure to comply with a document which at that time was approved for the purposes of that provision may be relied upon as tending to establish liability; and
proof of compliance with such a document may be relied on as tending to negative liability.
In any proceedings, whether civil or criminal,—
a document purporting to be a notice issued as mentioned in section 54(3) above shall be taken to be such a notice unless the contrary is proved; and
a document which appears to the court to be the approved document to which such a notice refers shall be taken to be that approved document unless the contrary is proved.
In section 64 of the 1936 Act (passing or rejection of plans etc.) immediately before subsection (3) (appeals to magistrates' courts) there shall be inserted the following subsection—
For subsection (3) of section 64 of the 1936 Act there shall be substituted the following subsection—
After that subsection there shall be inserted the following subsection—
Building regulations may make provision for the approval of persons for the purposes of subsection (2C) of section 64 of the 1936 Act— and any such approval may limit the description of work, or the provisions of the regulations, in relation to which the person concerned is so approved.
by the Secretary of State; or
by a body (corporate or unincorporated) which, in accordance with the regulations, is designated by the Secretary of State for the purpose;
Any such designation as is referred to in paragraph (b) of subsection (4) above may limit the cases in which and the terms on which the body designated may approve a person and, in particular, may provide that any approval given by the body shall be limited as mentioned in that subsection.
There shall be paid on an application for any such approval as is referred to in subsection (4) above—
where the application is made to the Secretary of State, such fee as may be prescribed by building regulations;
where the application is made to a body designated by him as mentioned in that subsection, such fee as that body may determine.
The Secretary of State may approve for the purposes of subsection (2C) of section 64 of the 1936 Act any scheme which appears to him to secure the provision of adequate insurance cover in relation to any certificate which is given under paragraph (a) of that subsection and is a certificate to which the scheme applies.
Building regulations may prescribe for the purposes of subsection (2C) of section 64 of the 1936 Act the insurance cover which is to be provided in relation to any certificate which is given under paragraph (a) of that subsection and is not a certificate to which an approved scheme applies and may, in particular, prescribe the form and content of policies of insurance.
Building regulations may—
contain provision prescribing the period for which, subject to any provision made by virtue of paragraph (b) or (c) below, any such approval as is referred to in subsection (4) above shall continue in force;
contain provision precluding the giving of, or requiring the withdrawal of, any such approval as is referred to in that subsection in such circumstances as may be prescribed by the regulations;
contain provision authorising the withdrawal of any such approval or designation as is so referred to;
provide for the maintenance by the Secretary of State of a list of bodies who are for the time being designated by him as mentioned in subsection (4) above and for the maintenance by the Secretary of State and by each designated body of a list of persons for the time being approved by him or them as mentioned in that subsection;
make provision for the supply to local authorities of copies of any list of approved persons maintained by virtue of paragraph (d) above and for such copy lists to be made available for inspection; and
make provision for the supply, on payment of a prescribed fee, of a certified copy of any entry in a list maintained by virtue of paragraph (d) above or in a copy list held by a local authority by virtue of paragraph (e) above.
Unless the contrary is proved, in any proceedings (whether civil or criminal) a document which appears to the court to be a certified copy of an entry either in a list maintained as mentioned in subsection (9)(d) above or in a copy of such a list supplied as mentioned in subsection (9)(e) above—
shall be presumed to be a true copy of an entry in the current list so maintained; and
shall be evidence of the matters stated therein.
After section 65 of the 1936 Act there shall be inserted the sections set out in Schedule 9 to this Act.
Section 67 of the 1936 Act (joint applications to the Secretary of State for determination of certain questions relating to building regulations) shall cease to have effect except as respects applications referred to the Secretary of State before this subsection comes into force.
Building regulations may authorise local authorities, subject to and in accordance with the regulations, to fix by means of schemes and to recover such charges for or in connection with the performance of functions of theirs relating to building regulations as they may determine in accordance with principles prescribed by the regulations.
In section 9(3) of the 1961 Act (consultation with Building Regulations Advisory Committee and other bodies before making building regulations) after the word “regulations”, in the first place where it occurs, there shall be inserted the words “containing substantive requirements as defined in section 76(3) of the Health and Safety at Work etc. Act 1974”.
The following provisions of the 1974 Act, namely— shall cease to have effect.
subsection (5) of section 61 (which provides for the repeal of section 71 of the 1936 Act but has not been brought into force); and
subsections (6) and (7) of section 63 (which make provision consequential on that repeal),
In Schedule 6 to the 1974 Act (amendments of enactments relating to building regulations) paragraphs 1, 2, 5(a), 5(d), 6 and 7 (most of which are not yet in operation and none of which is yet fully in operation) shall be deemed not to have been enacted, and accordingly (and having regard to section 53(1) above)—
subsection (4) of section 64 of the 1936 Act and section 6 of the 1961 Act shall have effect as set out in Schedule 10 to this Act, and
section 65 of the 1936 Act and sections 7 and 8 of the 1961 Act shall continue to have effect (for all purposes) without regard to any provision of the said Schedule 6.
Part XII of the 1936 Act (enforcement and other general provisions) shall have effect as if so much of Part II of the 1961 Act (sanitation and buildings) as does not relate to building regulations were contained in Part II of the 1936 Act.
In the following provisions, namely— expressions which are defined by subsection (1) of section 82 of the 1974 Act shall have the meanings given by that subsection.
so much of Part II of the 1936 Act (sanitation and buildings) as does not relate to building regulations;
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
so much of Part II of the 1961 Act as does not relate to building regulations,
The Building Control Act 1966 (which regulates building and constructional work) shall cease to have effect.
In consequence of subsection (1) above, the enactments mentioned in Part I of Schedule 12 to this Act are hereby repealed to the extent specified in the third column of that Schedule.
In this Part of this Act—
“the 1936 Act” means the Public Health Act 1936;
“the 1936 Act” means the Public Health Act 1936;
“the 1974 Act” means the Health and Safety at Work etc, Act 1974;
Any reference in this Part of this Act to the carrying out of work includes a reference to the making of a material change of use, as defined by and for the purposes of building regulations.
There shall be paid out of money provided by Parliament the administrative expenses of the Secretary of State under this Act and any increase attributable to this Act in the sums so payable under any other enactment.
There shall be paid out of or into the Consolidated Fund or the National Loans Fund any increase attributable to this Act in the sums so payable under any other enactment.
This Act may be cited as the Housing and Building Control Act 1984.
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
sections 42(2), 56(2), 57(2) and 58;
so far as relating to the amendments of section 69 of the Health and Safety at Work etc. Act 1974, section 64 and Schedule 11; and
so far as relating to the repeals of section 67 of the Public Health Act 1936 and section 62(3) of the said Act of 1974, section 65 and Part II of Schedule 12,
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
This Act does not extend to Scotland or Northern Ireland.
In section 1(8) (right to acquire freehold or long lease) and section 10(1)(a) (notice of purchase price and right to a mortgage) of the 1980 Act for the words “long lease” there shall be substituted the word “lease”.
In section 6(4)(a) of the 1980 Act (assumptions on the grant of a lease) for the words from “for 125 years” onwards there shall be substituted the words “with vacant possession for the appropriate term defined in sub-paragraph (2) of paragraph 11 of Schedule 2 to this Act (but subject to sub-paragraph (3) of that paragraph)”.
In section 14 of the 1980 Act (change of landlord after notice claiming right to buy or right to a mortgage) for the words “the freehold of” there shall be substituted the words “the interest of the landlord in”.
In section 16(1) of the 1980 Act (completion) for paragraphs (a) and (b) there shall be substituted the following paragraphs—.
At the end of section 17 of the 1980 Act (conveyance of freehold and grant of lease) there shall be inserted the words “and other matters”.
Section 18 of the 1980 Act (right to a mortgage—terms of mortgage deed) shall be renumbered as subsection (1) of that section, in that provision as so renumbered the words from “but the Secretary of State” onwards shall be omitted and after that provision as so renumbered there shall be inserted the following subsections—
In subsection (3) of section 20 of the 1980 Act (registration of title) for the words “subsection (2)” there shall be substituted the words “subsection (1)(b)” and for subsections (1) and (2) of that section there shall be substituted the following subsections—
In section 24 of the 1980 Act (vesting orders)—
in subsection (3) after the word “If” there shall be inserted the words “the landlord’s title to” and the word “land” shall be omitted;
in subsection (4) after the words “an absolute title” there shall be inserted the words “or, as the case may require, a good leasehold title”; and
in subsection (5) after the word “Where” there shall be inserted the words “the landlord’s title to” and the word “land” shall be omitted.
After paragraph 5 of Part I of Schedule 1 to the 1980 Act (circumstances in which right to buy does not arise) there shall be inserted the following paragraph—
For paragraph 11 of Schedule 2 to the 1980 Act (terms of leases) there shall be substituted— In paragraph 12 (common use of premises and facilities) after the word “Where” there shall be inserted the words “the dwelling-house is a flat and”. In paragraph 13 of that Schedule (covenants by landlord)— After paragraph 13 of that Schedule there shall be inserted the following paragraph— In paragraph 14 of that Schedule (covenant by tenant) for the words from “to keep” onwards there shall be substituted the following paragraphs— Where the dwelling-house is a flat, any provision of the lease or of any agreement collateral to it shall be void in so far as it purports— but subject to paragraph 16 below.
For the heading of Part IV of Schedule 2 to the 1980 Act (charges of freehold) there shall be substituted the heading “CHARGES AND OTHER MATTERS”. In paragraph 18 of that Schedule for the words “the freehold”, where first occurring, there shall be substituted the words “the interest of the landlord”. After paragraph 19 of that Schedule there shall be inserted the following paragraph—
For the purposes of this paragraph a tenancy granted in pursuance of Chapter I of Part I of this Act is a long tenancy notwithstanding that it is granted for a term not exceeding 21 years.
Section 12.
Subject to sub-paragraph (2) below, the tenant’s initial share in the dwelling-house shall be as stated in his notice under section 13(1) of this Act. The tenant’s initial share in the dwelling-house shall be a multiple of the prescribed percentage and shall not be less than the minimum initial share. The lease shall state the tenant’s initial share in the dwelling-house. In this paragraph “minimum initial share” means 50 per cent. or such other percentage as the Secretary of State may by order prescribe. In this paragraph and paragraph 3 below “the prescribed percentage” means 12.5 per cent. or such other percentages as the Secretary of State may by order prescribe.
The consideration for the grant of the lease (in this Part of this Act referred to as the tenant’s initial contribution) shall be determined by the formula— where— the tenant’s contribution; the tenant’s initial share expressed as a percentage; the amount agreed between the parties or determined by the district valuer as the amount which, under this paragraph, is to be taken as the value of the dwelling-house at the relevant time; the discount which, if the tenant were exercising the right to buy, would be applicable under section 7 of the 1980 Act. The value of the dwelling-house at the relevant time shall be taken to be the price which, at that time, it would realise if sold on the open market by a willing vendor— and (in either case) disregarding any improvements made by any of the persons specified in subsection (5) of that section and any failure by any of those persons to keep the dwelling-house in good internal repair.
The lease shall contain provision enabling the tenant to acquire additional shares in the dwelling-house; and the right so conferred shall be exercisable at any time during the term of the lease on the tenant serving written notice on the landlord. Subject to sub-paragraph (3) below, an additional share shall be as stated in the tenant’s notice under sub-paragraph (1) above. An additional share shall be the prescribed percentage or a multiple of the prescribed percentage. Where the tenant claims to exercise the right to acquire an additional share, the landlord shall, as soon as practicable, serve on the tenant a written notice stating— Where the dwelling-house is a house and the landlord owns the freehold, the lease shall also provide that, on his acquiring an additional share such that his total share will be 100 per cent., the tenant shall be entitled to require the freehold to be conveyed either to himself or to such other person as he may direct; and the right so conferred shall be exercisable at any time during the term of the lease on the tenant serving written notice on the landlord. As soon as practicable after such a right as is mentioned in sub-paragraph (5) above has become exercisable, the landlord shall serve on the tenant a written notice— A conveyance executed in pursuance of such a right as is mentioned in sub-paragraph (5) above— A notice required by this paragraph may be withdrawn at any time by notice in writing served on the landlord. Any reference in this Part of this Act to a tenant’s total share is a reference to his initial share plus any additional share or shares in the dwelling-house acquired by him.
The consideration for an additional share (in this Part of this Act referred to as an additional contribution) shall be determined by the formula— where— the additional contribution; the additional share expressed as a percentage; the amount agreed between the parties or determined by the district valuer as the amount which, under this paragraph, is to be taken as the value of the dwelling-house at the time when the notice under paragraph 3(1) above is served; the discount which, on the assumptions stated in sub-paragraph (2) below, would be applicable under section 7 of the 1980 Act. The said assumptions are that— The value of the dwelling-house at the time when the notice under paragraph 3(1) above is served shall be taken to be the price which, at that time, the interest of the tenant would realise if sold on the open market by a willing vendor on the assumption that any mortgages of that interest and any liability under the covenants required by paragraphs 6(1) and 7(1) below would be discharged by the vendor and disregarding—
The lease shall provide that, for any period for which the tenant’s total share is less than 100 per cent., the rent payable under the lease shall be determined by the formula— where— the rent payable; the amount determined by the landlord as the rent which would be payable for that period if the shared ownership lease had not been granted and the secure tenancy had not come to an end, but excluding any element attributable to rates or to services provided by the landlord; the tenant’s total share expressed as a percentage. The lease shall also provide that, for any such period, if the Secretary of State by order so provides— shall be adjusted in such manner as may be provided by the order. The lease shall provide that, for any period for which the tenant’s total share is 100 per cent., the rent payable under the lease shall be £10 per annum. In making a determination under sub-paragraph (1) above, the landlord shall take into account all matters which appear to it to be relevant including, in particular, where comparable dwelling-houses in the locality are let on secure tenancies, the rents payable under those tenancies. The Secretary of State may by order under sub-paragraph (2) above provide for such adjustment as he considers appropriate having regard to the differing responsibilities for repairs, maintenance and insurance of a tenant under a shared ownership lease and a secure tenant. In this paragraph “rates” includes charges for services performed, facilities provided or rights made available by a water authority.
The lease shall contain a covenant binding on the tenant and his successors in title to pay to the landlord on demand the amount specified in sub-paragraph (2) below if, within a period of five years commencing with the acquisition by the tenant of his initial share or the acquisition by him of an additional share, there is a relevant disposal which is not exempted by sub-paragraph (5) below; but if there is more than one such disposal, then only on the first of them. The amount payable under the covenant is the aggregate of the following amounts, namely— but reduced, in each case, by 20 per cent. of the discount for each complete year that elapses after the acquisition and before the disposal. The effective discount to which the tenant was entitled on the acquisition of his initial share or an additional share shall be determined by the formula— where— the effective discount; the tenant’s initial share or, as the case may be, the additional share expressed (in either case) as a percentage; the discount which was applicable by virtue of paragraph 2(1) or, as the case may be, paragraph 4(1) above. A disposal is a relevant disposal for the purposes of this paragraph and paragraphs 7 to 9 below if it is— whether the disposal is of the whole or part of the dwelling-house; and for the purposes of paragraph (b) above it shall be assumed that any option to renew or extend a lease or sub-lease, whether or not forming part of a series of options, is exercised, and that any option to terminate a lease or sub-lease is not exercised. A relevant disposal is exempted by this sub-paragraph if— For the purposes of sub-paragraph (5)(a) above a person is a qualifying person in relation to a disposal if he– Where there is a relevant disposal which is exempted by sub-paragraph (5)(d) or (e) above— The reference in sub-paragraph (4) above to a lease or sub-lease does not include a mortgage term. (9) For the purposes of this paragraph and paragraphs 7 to 9 below the grant of an option enabling a person to call for a relevant disposal which is not exempted by sub-paragraph (5) above shall be treated as such a disposal. Subsections (4) to (6) of section 8 of the 1980 Act shall apply in relation to the liability that may arise under the covenant required by sub-paragraph (1) above and that required by paragraph 7(1) below as they apply relation to the liability that may arise under the covenant required by subsection (1) of that section.
The lease shall contain a covenant binding on the tenant and his successors in title to pay to the landlord on demand for the outstanding share an amount determined in accordance with sub-paragraph (2) below if, at a time when the tenant’s total share is less than 100 per cent., there is— The amount payable under the covenant shall be determined by the formula— where— the amount payable under the covenant; the amount agreed between the parties or determined by the district valuer as the amount which, under this paragraph, is to be taken to be— except in the case of a compulsory disposal of part of the dwelling-house, the value at the time of the disposal of the dwelling-house; or in the said excepted case, the value at the time of the disposal of the part of the dwelling-house disposed of; the tenant’s total share expressed as a percentage. The value at the time of the disposal of the dwelling-house or the part of the dwelling-house disposed of shall be taken to be the price which, at that time, the interest of the tenant therein would realise if sold on the open market by a willing vendor on the assumption that any mortgages of that interest and any liability under the covenants required by paragraph 6(1) and sub-paragraph (1) above would be discharged by the vendor and disregarding— The lease shall also provide that, on the discharge of a liability arising under the covenant required by sub-paragraph (1) above,— Where the dwelling-house is a house and the landlord owns the freehold, the lease shall also provide that on the discharge of a liability arising under the covenant required by sub-paragraph (1) above,— shall be entitled to require the freehold thereof to be conveyed either to himself or to such other person as he may direct; and a right so conferred on any person shall be exercisable at any time during the term of the lease on that person serving written notice on the landlord. As soon as practicable after such a right as is mentioned in sub-paragraph (5) above has become exercisable by any person, the landlord shall serve on that person a written notice— A conveyance executed in pursuance of such a right as is mentioned in sub-paragraph (5) above— A notice required by sub-paragraph (5) above may be withdrawn at any time by notice in writing served on the landlord.
The lease shall contain a covenant binding on the tenant and his successors in title that there will be no relevant disposal of part of the dwelling-house, other than a compulsory disposal, at any time when the tenant’s total share is less than 100 per cent. Any disposal in breach of the covenant required by sub-paragraph (1) above shall be void.
The lease shall provide that, in the event of a relevant disposal which is exempted by sub-paragraph (5)(a), (b) or (c) of paragraph 6 above, references to the tenant in the provisions of the lease required by this Schedule shall include references to the person to whom the disposal is made. The lease shall also provide that, in the event of a relevant disposal which is exempted by sub-paragraph (5)(d) of that paragraph, being a disposal of part of the dwelling-house, references to the dwelling-house in the provisions of the lease required by this Schedule shall be construed as references to the remaining part of the dwelling-house.
Any power to make an order under this Schedule shall be exercisable by statutory instrument which shall be subject to annulment in pursuance of a resolution of either House of Parliament. Any order under this Schedule—
Section 18.
In this Schedule “service charge” has the meaning given by section 18(1) of this Act. For the purposes if this Schedule relevant costs are costs or estimated costs (including overheads) incurred or to be incurred in any period (whether the period for which the service charge is payable or an earlier or later period) by or on behalf of the payee or (in the case of a lease) a superior landlord in connection with the matters for which the service charge is payable. Other expressions used in this Schedule are to be construed in accordance with paragraphs 11 to 13 below.
The extent to which relevant costs are taken into account in determining the amount of a service charge payable for any period shall be limited in accordance with paragraph 3 below, and the amount payable shall be limited accordingly; and where the service charge is payable before the relevant costs are incurred—
no greater amount shall be so payable than is reasonable; and
after the relevant costs have been incurred any necessary adjustment shall be made by repayment, reduction of subsequent charges or otherwise.
Costs are to be taken into account only to the extent that they are reasonably incurred, and costs incurred on the provision of services or the carrying out of works only if the services or works are of a reasonable standard.
If the payer requests the payee in writing to supply him with a written summary of the costs incurred in the relevant period defined in sub-paragraph (4) below which are relevant to the service charges payable or demanded as payable by the payer in that or any other period, the payee shall do so within six months of the end of the period or within one month of the request, whichever is the later. The summary shall set out those costs in a way showing how they are or will be reflected in demands for service charges, and must be certified by a qualified accountant as in his opinion a fair summary complying with this requirement and as being sufficiently supported by accounts, receipts and other documents which have been produced to him. Where the payer has obtained such a summary as is referred to in sub-paragraph (1) above (whether in pursuance of this paragraph or otherwise) the payer may, within six months of obtaining it, require the payee in writing to afford him reasonable facilities for inspecting the accounts, receipts and other documents supporting the summary and for taking copies or extracts from them, and the payee shall then make such facilities available to the payer for a period of two months beginning not later than one month after the request is made. The relevant period mentioned in sub-paragraph (1) above is—
If a request made under paragraph 4(1) above relates in whole or in part to relevant costs incurred by or on behalf of a superior landlord, and the payee is not in possession of the relevant information— If a request made under paragraph 4(3) above relates to a summary of costs incurred by or on behalf of a superior landlord, the payee shall forthwith inform the payer of that fact and the name and address of the superior landlord, and paragraph 4(3) above shall then apply as if the superior landlord were the payee.
A request under paragraph 4 above shall be deemed to be served on the payee if it is served on a person who receives the service charge on behalf of the payee; and a person on whom a request is so served shall forward it as soon as possible to the payee.
A disposal of the dwelling-house by the payer shall not effect the validity of a request made under paragraph 4 above before the disposal, but a person shall not be obliged to provide a summary or make the facilities available more than once for the same dwelling-house and for the same period.
Any agreement made by the payer, other than an arbitration agreement within the meaning of section 32 of the Arbitration Act 1950, shall be void in so far as it purports to provide for a determination in a particular manner or on particular evidence of any question whether any amount payable before costs for services, repair, maintenance, insurance or management are incurred is reasonable, whether such costs were reasonably incurred or whether services or works for which costs were incurred or of a reasonable standard.
If any person without reasonable excuse fails to perform any duty imposed on him by this Schedule he shall be guilty of an offence and liable on summary conviction to a fine not exceeding level 4 on the standard scale (as defined in section 75 of the Criminal Justice Act 1982). Where an offence under this paragraph which has been committed by a body corporate is proved to have been committed with the consent or connivance of, or to be attributable to any neglect on the part of, a director, manager, secretary or other similar officer of the body corporate, or any person who was purporting to act in any such capacity, he, as well as the body corporate, shall be guilty of an offence and be liable to be proceeded against and punished accordingly. Where the affairs of a body corporate are managed by its members, sub-paragraph (2) shall apply in relation to the acts and defaults of a member in connection with his functions of management as if he were a director of the body corporate.
Where the payee is a body mentioned in sub-paragraph (2) below— The bodies referred to in sub-paragraph (1) above are—
Subject to sub-paragraph (2) below, a person is a qualified accountant if he is either a member of one of the following bodies— or a person who is for the time being authorised by the Secretary of State under section 161(1)(b) of that Act as being a person with similar qualifications obtained outside the United Kingdom. None of the following is a qualified accountant— A Scottish firm is a qualified accountant, notwithstanding sub-paragraph (2)(a) above, if each of the partners in it is a qualified accountant.
“Payee” means the person who is entitled to enforce payment of the service charge.
“Payer” means the person liable to pay the service charge.
Section 19.
In any case where this Schedule applies, the authority may, if the county court gives it leave to do so, by deed vest the dwelling-house in itself— but subject to all estates, interests and rights which have priority to the mortgage. Where application for leave under this paragraph is made to the county court, the court may adjourn the proceedings or postpone the date for the execution of the authority’s deed for such period or periods as the court thinks reasonable. Any such adjournment or postponement may be made subject to such conditions with regard to payment by the mortgagor of any sum secured by the mortgage or the remedy of any default as the court thinks fit; and the court may from time to time vary or revoke any such condition.
On the vesting of the dwelling-house the authority’s mortgage term or charge by way of legal mortgage, and any subsequent mortgage term or charge, shall merge or be extinguished as respects the dwelling-house. Where the dwelling-house is registered under the Land Registration Acts 1925 to 1971, the Chief Land Registrar shall, on application being made to him by the authority, register the authority as proprietor of the dwelling-house free from all estates, interests and rights to which its mortgage had priority, and he shall not be concerned to inquire whether any of the requirements of this Schedule were complied with. Where the authority conveys the dwelling-house, or part of it, to any person— A dwelling-house vested under this Schedule in a local authority (as defined in section 50 of the 1980 Act) shall be treated as acquired under Part V of the 1957 Act.
Where, under paragraph 1 above, the authority has vested the dwelling-house in itself it shall appropriate a fund equal to the aggregate of— The value of the dwelling-house at the time of the vesting shall be taken to be the price which, at that time, the interest vested in the authority would realise if sold on the open market by a willing vendor on the assumption that any prior incumbrances to which the vesting is not made subject would be discharged by the vendor. The fund shall be applied— and any residue then remaining in the fund shall be paid to the person entitled to the mortgaged dwelling-house, or who would have been entitled to give receipts for the proceeds of sale of the dwelling-house if it had been sold in the exercise of the power of sale. Section 107(1) of the Law of Property Act 1925 (mortgagee’s written receipt sufficient discharge for money arising under power of sale) applies to money payable under this Schedule as it applies to money arising under the power of sale conferred by that Act.
Section 23.
In subsection (2) of section 104B of the 1957 Act (repayment of discount on early disposal) for the words “disposal falling within subsection (4)” there shall be substituted the words “relevant disposal which is not exempted by subsection (4A)”. For subsection (4) of that section there shall be substituted the following subsections— In subsection (5) of that section for the words “specified in” there shall be substituted the words “falling within”. After that subsection there shall be inserted the following subsection— For subsection (6) of that section there shall be substituted the following subsection— In subsection (9) of that section, for the words “disposal falling within subsection (4) above” there shall be substituted the words “relevant disposal which is not exempted by subsection (4A) above”. Where any conveyance, grant or assignment executed under section 104 of the 1957 Act or section 122 of the 1980 Act before the commencement date contains the covenant required by section 104B(2) of the 1957 Act, then, as from that date, that covenant shall have effect with such modifications as may be necessary to bring it into conformity with the amendments made by this paragraph.
In subsection (1) of section 104C of the 1957 Act (houses in National Parks and areas of outstanding natural beauty etc.) for the words “by order of the Secretary of State” there shall be substituted the words “under section 19 of the Housing Act 1980” and for the words “and his successors in title” there shall be substituted the words “(including any successor in title of his and any person deriving title under him or any such successor)”. In subsection (2) of that section for the words “or his successors in title” there shall be substituted the words “or a successor in title of his” and for the words “disposal falling within subsection (4) below” there shall be substituted the words “relevant disposal which is not exempted by section 104B(4A) of this Act”. Subsection (4) of that section shall be omitted. For subsection (7) of that section there shall be substituted the following subsections— In subsection (9) of that section for the words from “means” onwards there shall be substituted the words “has the same meaning as in section 19 of the Housing Act 1980”. In subsection (10) of that section for the words “disposal falling within subsection (4) above” there shall be substituted the words “relevant disposal which is not exempted by section 104B(4A) of this Act”. Where any conveyance, grant or assignment executed under section 104 of the 1957 Act or section 122 of the 1980 Act before the commencement date contains such a covenant as is mentioned in section 104C(1) of the 1957 Act, then, as from that date, that covenant—
Section 26.
Section 46.
A public body’s notice shall come into force when it is accepted by the local authority, either by notice given within the prescribed period to the public body by which it was given or by virtue of section 46(3) of this Act and, subject to paragraph 3(3) below, shall continue in force until the occurrence of, or the expiry of a prescribed period of time beginning on the date of, such event as may be prescribed. Building regulations may empower a local authority to extend (whether before or after its expiry) any such period of time as is referred to in sub-paragraph (1) above.
Where a public body— the body may give to the local authority a certificate in the prescribed form (in the enactments relating to building regulations referred to as a “public body’s plans certificate”). Building regulations may authorise the giving of a public body’s notice combined with a certificate under sub-paragraph (1) above and may prescribe a single form for such a combined notice and certificate; and where such a prescribed form is used,— A public body’s plan certificate— A local authority to whom a public body’s plans cerificate is given— Unless, within the prescribed period, the local authority to whom a public body’s plans certificate is given give notice of rejection, specifying the ground or grounds in question, to the public body by which the certificate was given, the authority shall be conclusively presumed to have accepted the certificate. If it appears to a local authority by whom a public body’s plans certificate has been accepted that the work to which the certificate relates has not been commenced within the period of three years beginning on the date on which the certificate was accepted, the authority may rescind their acceptance of the certificate by notice, specifying the ground or grounds in question, given to the public body.
Where a public body is satisfied that any work specified in a public body’s notice given by it has been completed, the body may give to the local authority such certificate with respect to the completion of the work and compliance with building regulations as may be prescribed (in the enactments relating to building regulations referred to as a “public body’s final certificate”). Sub-paragraphs (3) to (5) of paragraph 2 above shall have effect in relation to a public body’s final certificate as if any reference in those sub-paragraphs to a public body’s plans certificate were a reference to a public body’s final certificate. Where a public body’s final certificate has been given with respect to any of the work specified in a public body’s notice and that certificate has been accepted by the local authority concerned, the public body’s notice shall cease to apply to that work, but the provisions of section 40(1) of this Act, as applied by section 46(4), shall, by virtue of this sub-paragraph, continue to apply in relation to that work as if the public body’s notice continued in force in relation to it.
The provisions of this paragraph apply where a public body’s notice ceases to be in force by virtue of paragraph 1(1) above. Building regulations may provide that, if— then, with respect to the work specified in the certificate, such of the functions of a local authority referred to in section 40(1) of this Act as may be prescribed for the purposes of this sub-paragraph either shall not be exercisable or shall be exercisable only on prescribed circumstances. If, before the day on which the public body’s notice ceased to be in force, a public body’s final certificate was given in respect of part of the work specified in the notice and that certificate was accepted by the local authority (before, on or after that day), the fact that the public body’s notice has ceased to be in force shall not affect the continuing operation of paragraph 3(3) above in relation to that part of the work. Notwithstanding anything in sub-paragraphs (2) and (3) above, for the purpose of enabling the local authority to perform the functions referred to in section 40(1) of this Act in relation to any part of the work not specified in a public body’s plans certificate or final certificate, as the case may be, building regulations may require the local authority to be provided with plans which relate not only to that part but also to the part to which the certificate in question relates. In any case where this paragraph applies, the reference in sub-section (4) of section 65 of the 1936 Act (twelve month time limit for giving certain notices) to the date of the completion of the work in question shall have effect, in relation to a notice under subsection (1) of that section, as if it were a reference to the date on which the public body’s notice ceased to be in force. Subject to any provision of building regulations made by virtue of sub-paragraph (2) above, if, before the public body’s notice ceased to be in force, an offence under section 4(6) of the 1961 Act (contravention of provisions of building regulations) was committed with respect to any of the work specified in that notice, summary proceedings for that offence may be commenced by the local authority at any time within six months beginning with the day on which the functions of the local authority referred to in section 40(1) of this Act became exercisable with respect to the provisions of building regulations to which the offence relates. Any reference in the preceding provisions of this paragraph to section 40(1) of this Act is a reference to that section as applied by section 46(4) thereof.
Building regulations may make provision for requiring, in such circumstances as may be prescribed, a public body which has given a public body’s notice to consult any prescribed person before taking any prescribed step in connection with any work specified in the notice.
Section 57(1).
Section 59(3).
Section 64.
In this Schedule expressions used in Part I of this Act have the same meanings as in that Part.
Part I of the Leasehold Reform Act 1967 (enfranchisement and extension of long leaseholds) shall not apply where, in the case of a tenancy or sub-tenancy to which this sub-paragraph applies, the landlord is a housing association and the freehold is owned by a body of persons or trust established for charitable purposes only. Where a tenancy of a dwelling-house which is a house is created by the grant of a lease in pursuance of Chapter I of Part I of the 1980 Act, the tenancy shall be treated for the purposes of Part I of the said Act of 1967 as being a long tenancy notwithstanding that the lease is granted for a term not exceeding 21 years. Where a tenancy of a dwelling-house which is a house is created by the grant of a lease in pursuance of Part I of this Act, the tenancy shall be treated for the purposes of Part I of the said Act of 1967— Notwithstanding anything in sub-paragraph (3) above, where a tenancy of a dwelling-house which is a house is created by the grant of a lease in pursuance of Part I of this Act, then, so long as the rent payable under the lease exceeds £10 per annum, neither the tenant nor the tenant under a sub-tenancy directly or indirectly derived out of the tenancy shall be entitled to acquire the freehold or an extended lease of the dwelling-house under Part I of the said Act of 1967. Where, in the case of a tenancy or sub-tenancy to which this sub-paragraph applies, the tenant exercises his right to acquire the freehold under Part I of the said Act of 1967, the price payable for the dwelling-house shall be determined in accordance with section 9(1A) of that Act notwithstanding that the rateable value of the dwelling-house does not exceed £1,000 in Greater London or £500 elsewhere. Sub-paragraphs (1) and (5) above apply to— and sub-paragraph (5) above also applies to a tenancy which is granted in substitution for a tenancy or sub-tenancy falling within paragraph (a) or (b) above in pursuance of Part I of the said Act of 1967.
In section 3(1) of the said Act of 1967 (meaning of “long tenancy”) in paragraph (b) of the proviso after the word “assignment” there shall be inserted the words “otherwise than by virtue of section 37A of the Housing Act 1980 (assignments by way of exchange)”.
Subsection (3) of section 69 of the Health and Safety at Work etc. Act 1974 (appeals against certain decisions of the Secretary of State) shall be amended as follows—
for paragraph (b) there shall be substituted the following paragraph—;
after the words “local authority”, in the second place where they occur, there shall be inserted the words “or, as the case may be, the person approved for the purposes of Part II of the said Act of 1984”; and
as regards a reference under the said section 64 or the said section 42, means the person on whose application the reference was made;
In section 19(2) of the Airports Authority Act 1975 (application of enactments relating to statutory undertakers) for the words “shall apply in relation to the Authority as it applies” there shall be substituted the words “and section 71 of that Act (which exempts such buildings from building regulations) shall apply in relation to the Authority as they apply” and for the words “(which excludes” there shall be substituted the words “and the proviso to the said section 71 (which exclude”.
Subsections (4) and (4A) of section 3 of the Housing Act 1980 (meaning of “house”, “flat”, “dwelling-house” etc.) shall have effect as if any reference to the right to buy included a reference to the right to be granted a shared ownership lease.
Section 4(3) of that Act (joint tenants and members of family occupying dwelling-house otherwise than as joint tenants) shall have effect as if the reference to Chapter I of Part I of that Act included a reference to Part I of this Act.
After subsection (1) of section 5 of that Act (notice claiming to exercise the right to buy) there shall be inserted the following subsection— In subsection (2) of that section for the words “three years” there shall be substituted the words “two years”. The amendment made by sub-paragraph (1) above shall not apply where the tenant’s claim to exercise the right to buy was made before the coming into force of Part I of this Act; and the amendment made by sub-paragraph (2) above shall not apply where the landlord’s notice under section 5(1) of that Act was served before the coming into force of Part I of this Act.
At the end of section 6 of that Act (purchase price) there shall be added the following subsection—.
In subsection (1) of section 10 of that Act (notice of purchase price etc.) for the words “as soon as practicable” there shall be substituted the words “within eight weeks or, where the right is that mentioned in section 1(1)(b) above, twelve weeks”. In subsection (2) of that section for the words “section 7(5)” there shall be substituted the words “section 7(1)” and for the words “section 7(2) or (4)” there shall be substituted the words “section 7(1A), (2) or (4).”. After subsection (2) of that section there shall be inserted the following subsection— In subsection (3) of that section after the word “mortgage”, in the first place where it occurs, there shall be inserted the words “and the effect of Part I of the 1984 Act so far as relating to the right to be granted a shared ownership lease”, for the words “section 16(4)” there shall be substituted the words “section 16(2) to (4), (6) and (6B)” and for the word “exercising” there shall be substituted the words “claiming to exercise”. The amendments made by this paragraph shall not apply where the notice under section 10(1) of that Act was served before the coming into force of Part I of this Act.
In section 11(6) of that Act (right of tenant to have value determined by district valuer) for the word “exercising” there shall be substituted the words “claiming to exercise”.
In section 12 of that Act (claim to a mortgage) after subsection (5) there shall be inserted the following subsection—
In subsection (1) of section 13 of that Act (change of secure tenant after notice claiming right to buy) for the words from “becomes the secure tenant” to the end of paragraph (b) there shall be substituted the following paragraphs—. In subsection (2) of that section for the word “exercising” there shall be substituted the words “claiming to exercise”.
Section 18 of that Act (right to a mortgage—terms of mortgage deed) shall have effect as if any reference to the deed by which a mortgage is effected in pursuance of Chapter I of Part I of that Act included a reference to the deed by which a further mortgage is effected in pursuance of section 16 of this Act. Where that section applies in relation to such a deed by virtue of sub-paragraph (1) above, it shall also have effect as if any reference to the term of a lease were a reference to the unexpired term of that lease.
Section 19 of that Act (dwelling-houses in National Parks and areas of outstanding natural beauty etc.) shall have effect as if any reference to Chapter I of Part I of that Act included a reference to Part I of this Act. Where that section applies in relation to the grant of a shared ownership lease by virtue of sub-paragraph (1) above, it shall also have effect as if—
Section 20 of that Act (registration of title) shall have effect as if—
the reference to the conveyance of a freehold in pursuance of Chapter I of Part I of that Act included a reference to the conveyance of a freehold in pursuance of such a right as is mentioned in paragraph 3(5) or 7(5) of Schedule 3 to this Act; and
the reference to the grant of a lease in pursuance of that Chapter included a reference to the grant of a lease in pursuance of Part I of this Act.
For section 21 of that Act (costs) there shall be substituted the following section— That section as so substituted shall have effect as if—
After subsection (1) of section 22 of that Act (notices) there shall be inserted the following subsection— That section shall have effect as if any reference to Chapter I of Part I of that Act included a reference to Part I of this Act.
Subsection (5) of section 23 of that Act (Secretary of State’s power to intervene) shall be omitted. In subsection (9) of that section for the words “on demand” onwards there shall be substituted the words “on a date specified in the certificate, together with interest from that date at a rate so specified”. In subsection (11) of that section for the words “subsections (5) to (10)” there shall be substituted the words “subsections (6) to (10)”. That section shall have effect as if any reference to Chapter I of Part I of that Act included a reference to Part I of this Act and any reference to the right to buy included a reference to the right to be granted a shared ownership lease.
In subsection (2) of section 24 of that Act (vesting orders) for the words “the landlord and the tenant and their successors in title” there shall be substituted the words “both the landlord and its successors in title and the tenant and his successors in title (including any person deriving title under him or them)”. That section shall have effect as if any reference to Chapter I of Part I of that Act included a reference to Part I of this Act.
The following provisions of that Act, namely— section 24A (Secretary of State’s power to give directions as to covenants and conditions); section 24B (effect of directions on existing covenants and conditions); section 24C (Secretary of State’s power to obtain information etc.); section 24D (Secretary of State’s power to give assistance); and section 25 (statutory declarations), shall have effect as if any reference to Chapter I of Part I of that Act included a reference to Part I of this Act and any reference to the right to buy included a reference to the right to be granted a shared ownership lease.
In section 27(3) of that Act (interpretation of Chapter I), for the words “Chapter II”, in the first place where they occur, there shall be substituted the words “Part I of the 1984 Act”, after the words “Chapter II”, in the second place where they occur, there shall be inserted the words “and that Part” and for paragraphs (a) and (b) there shall be substituted the following paragraphs—.
In subsection (1) of section 31 of that Act (meaning of successor) for the words from “but a tenant” onwards there shall be substituted the words “but subject to subsection (1A) below” and after that subsection there shall be inserted the following subsection—.
In section 50(1) of that Act (interpretation of Chapter II of Part I) immediately before the definition of “development corporation” there shall be inserted the following definition—.
In subsection (2) of section 86 of that Act (jurisdiction of county court and rules of procedure) there shall be inserted after paragraph (a) the following paragraph—. That section shall have effect as if any reference to any question arising under Part I of that Act or Chapter I of Part I of that Act included a reference to any question arising under Part I of this Act or any lease granted in pursuance of it.
In section 110(1) of that Act (local authority mortgage interest rates) at the end of paragraph (c) there shall be inserted the words “or section 20 of the 1984 Act”.
In subsection (1) of section 127 of that Act (registration of housing associations) for the words from the beginning to “its objects” there shall be subsitituted the words “Section 13 of the 1974 Act (the register of housing associations) shall have effect as if the additional purposes or objects mentioned in subsection (3) of that section included” and the words from “without” onwards shall be omitted.
In section 137(1) of that Act (avoidance of certain unauthorised disposals) after the words “section 128(2) of the Local Government Act 1972” there shall be inserted the words, “section 29 of the Town and Country Planning Act 1959”.
At the end of section 150 of that Act (interpretation) there shall be inserted the following definition—.
In section 151(1) of that Act (regulations and orders) after the word “section”, in the second place where it occurs, there shall be inserted the word “8(5)”.
Part II of Schedule 1A to that Act (qualification and discount) shall have effect as if “previous discount” included a discount which was given, before the relevant time, in pursuance of the provision required by paragraph 3 of Schedule 3 to this Act or any other provision to the like effect.
Part IV of Schedule 2 to that Act (charges and other matters) shall have effect as if any reference to the right to buy included a reference to the right to be granted a shared ownership lease and to such rights as are mentioned in paragraphs 3(5) and 7(5) of Schedule 3 to this Act.
Paragraph 1 of Schedule 3 to that Act (tenancies which are not secure tenancies) shall have effect as if the reference to a tenancy granted in pursuance of Chapter I of Part I of that Act included a reference to a tenancy granted in pursuance of Part I of this Act. In paragraph 2(1) of that Schedule for paragraphs (a) to (e) there shall be substituted the words “a body specified in paragraph 1(3) of Schedule 1 to this Act”. In paragraph 8 of that Schedule for the words “or his predecessor in title”, in the first place where they occur, there shall be substituted the words “(or a predecessor in title of his)” and for the words “(or his predecessor in title)”, in the second place where they occur, there shall be substituted the words “or predecessor”.
In Part I of Schedule 4 to that Act, in ground 6, for the words “or his predecessor in title”, in the first place where they occur, there shall be substituted the words “(or a predecessor in title of his)” and for the words “he (or his predecessor in title)”, in both places where they occur, there shall be subsitiuted the words “the tenant or predecessor”.
Chapter Short title Extent of repeal 1966 c. 27. The Building Control Act 1966. The whole Act. 1966 c. 34. The Industrial Development Act 1966. In Schedule 3, Part I. 1968 c. 73. The Transport Act 1968. In Schedule 16, paragraph 9. 1969 c. 35. The Transport (London) Act 1969. In Schedule 3, paragraph 9(2)(a). 1969 c. 48. The Post Office Act 1969. In Schedule 4, paragraph 80. 1971 c. 78. The Town and Country Planning Act 1971. In Schedule 23, in Part II, the entry relating to the Building Control Act 1966. 1972 c. 5. The Local Employment Act 1972. In Schedule 3, the entry relating to the Building Control Act 1966. 1972 c. 52. The Town and Country Planning (Scotland) Act 1972. In Schedule 21, in Part II, the entry relating to the Building Control Act 1966. 1975 c. 64. The Iron and Steel Act 1975. In Schedule 6, paragraph 7. 1977 c. 49. The National Health Service Act 1977. In Schedule 14, in paragraph 13(1)(b), the words “107 to”. In Schedule 15, paragraph 38. 1978 c. 44. The Employment Protection (Consolidation) Act 1978. In Schedule 16, paragraph 32. 1981 c. 38. The British Telecommunications Act 1981. In Schedule 3, paragraph 45.
Chapter Short title Extent of repeal . . . . . . . . . 5 & 6 Eliz. 2. c. 56. The Housing Act 1957. Section 104C(4). 1974 c. 37. The Health and Safety at Work etc. Act 1974. Section 61(5). . . . Section 63(6) and (7). In section 69, in subsection (1) the words “section 64 of the 1936 Act”. In Schedule 6, in Part I, paragraphs 1, 2, sub-paragraphs (a), (d) and (e) of paragraph 5, and paragraphs 6 and 7, and Part II except in so far as it sets out section 4 of the Public Health Act 1961. In Schedule 10, in the third column of the entry relating to the Public Health Act 1936, the words “Section 71”, the entry relating to the Education Act 1944 and, in the third column of the entry relating to the Public Health Act 1961, the words “Section 7(3) to (6)”, “Section 10(1) and (2)” and “and 71”. 1975 c. 78. The Airports Authority Act 1975. Section 25(10). 1980 c. 51. The Housing Act 1980. In section 2, in subsection (4) the words “Subject to subsection (5) below” and subsection (5). In section 7, subsections (5) to (11). Section 15. In section 18(1), the words from “but the Secretary of State” onwards. Section 19(8). Section 23(5). In section 24, in subsection (3) and (5) the word “land”. In section 28(2), paragraph (d) and the word “or” immediately preceding that paragraph. In section 127(1), the words from “without” onwards. In Schedule 2, in the provision renumbered as paragraph 15(1), paragraph (b) and the words “and paragraph 16 below”. In Schedule 3, paragraph 3. 1980. c. 65. The Local Government Planning and Land Act 1980. In section 156, subsection (1) and in subsection (2)(b), the words from “and” onwards.
The repeal of section 2(5) of the Housing Act 1980 has effect subject to section 2(4) of this Act.
The repeals of sections 7(5) to (11) and 15 of that Act have effect subject to section 3(6) of this Act.