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Housing Act 1964

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This is the original version (as it was originally enacted).

79Scheme listing works involving capital expenditure

(1)After a control order has been made, the local authority shall prepare a scheme under this section and shall, not later than eight weeks after the date on which the control order comes into force, serve a copy of the scheme on every person who is, to the knowledge of the local authority—

(a)a dispossessed proprietor, or

(b)an owner or lessee or mortgagee of the house,

and on any other person on whom the local authority served a copy of the said control order.

(2)The scheme shall give particulars of all works which in the opinion of the local authority—

(a)the local authority would have required to be carried out under Part II of the Act of 1961, or under any other enactment relating to housing or public health, and

(b)constitute works involving capital expenditure.

(3)The scheme shall also—

(a)include an estimate of the cost of carrying out the works of which particulars are given in the scheme; and

(b)specify what is in the opinion of the local authority the highest number of individuals or households who should, having regard to the considerations set out in section 15(1) of the Act of 1961 (which deals with lighting, ventilation, water supply and other matters) live in the house from time to time, having regard to its existing condition and to its future condition as the works progress which the local authority carry out in the house, and

(c)include an estimate of the balances which will from time to time accrue to the local authority out of the net amount of the rent and other payments received by the local authority from persons occupying the house after deducting—

(i)compensation payable by the local authority under section 78 and section 81 of this Act, and

(ii)all expenditure, other than expenditure of which particulars are given under subsection (2) of this section, incurred by the local authority in respect of the house while the control order is in force, together with the appropriate establishment charges.

(4)In this Part of this Act references to surpluses on revenue account as settled by the scheme are references to the amount included in the scheme by way of an estimate under subsection (3)(c) of this section, subject to any variation of the scheme made by the local authority under the following provisions of this section, or made by the court on an appeal or an application under the following provisions of this Part of this Act.

(5)The local authority may at any time vary the scheme in such a way as to increase the amount of the surpluses on revenue account as settled by the scheme for all or any periods (including past periods).

(6)The provisions of this section shall not affect the powers conferred on a local authority by section 74 of this Act and, accordingly, a local authority shall have power to carry out any works in a house which is subject to a control order whether or not particulars of those works have been included in a scheme under this section.

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