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Housing Act 1974

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This is the original version (as it was originally enacted).

General

1(1)A rehabilitation order may, in addition to applying to any building to which section 114 of this Act applies, be made to apply to—

(a)any other building comprised in the clearance area,

(b)any land or building which is not comprised in the clearance area but which is subject to the same compulsory purchase order or, as the case may be, has (since being included in the clearance area) been acquired by the authority by agreement under section 43(2) of the Act of 1957, and

(c)any land or building to which the provisions of Part III of the Act of 1957 apply by virtue of section 49 of that Act.

(2)Where, by virtue of this Schedule, a local authority are freed from the duty to demolish a house which was included in a clearance area as being unfit for human habitation, the authority shall take such steps as are necessary—

(a)to bring the building up to the full standard, or

(b)where the building is not vested in the authority, to ensure that it is brought up to that standard.

(3)A local authority may, for the purpose of section 114 of this Act, accept undertakings from the owner of a building, or any other person who has or will have an interest in the building, and in particular undertakings concerning the works to be carried out to bring the building up to the full standard, and the time within which the works are to be carried out.

2(1)A local authority shall not make a rehabilitation order relating to land subject to a compulsory purchase order unless they are satisfied that, after the rehabilitation order comes into force, they can effectively fulfil their duties under Part III of the Act of 1957 as regards the remaining land subject to the compulsory purchase order.

(2)Subject to sub-paragraph (1) above, a rehabilitation order may be made notwithstanding that the effect of the order in excluding any building from a clearance area is to sever that area into two or more separate and distinct areas, and in any such case the provisions of Part III of the Act of 1957 relating to the effect of a compulsory purchase order when confirmed, and to the proceedings to be taken after confirmation of the order, shall apply as if those areas formed one clearance area.

(3)In exercising his power under this Schedule of confirming a rehabilitation order subject to modifications, the Secretary of State shall have regard to the considerations in sub-paragraphs (1) and (2) above.

3(1)This paragraph shall have effect in relation to any land or building in respect of which a local authority have made a rehabilitation order which has been confirmed in accordance with the provisions of this Schedule; and in this Schedule " relevant date " means the date on which the rehabilitation order was confirmed or, as the case may be, on which confirmation was refused.

(2)If, at the relevant date (in the case of any land or building subject to a compulsory purchase order)—

(a)no interest in the land or building has, after the date on which the compulsory purchase order concerned was made, vested in the authority, and

(b)no notice to treat has been served by the authority under section 5 of the Compulsory Purchase Act 1965, in respect of any interest in the land or building,

the compulsory purchase order shall cease to have effect and, where applicable, the building shall cease to be comprised in a clearance area.

(3)Where sub-paragraph (2) above does not apply, the authority shall, where applicable, cease to be subject to the duty, imposed by Part III of the Act of 1957, to demolish the building, and in relation to any interest in the land or building which at the relevant date has not vested in the authority (being land or a building subject to a compulsory purchase order) the compulsory purchase order shall have effect as if—

(a)in the case of a house, it had been made and confirmed under Part V of the Act of 1957, and

(b)in any other case, it had been made and confirmed under Part VI of the Act of 1971.

(4)If the land or building, or any interest therein, was vested in the authority at the relevant date it shall be treated—

(a)in the case of a house, as appropriated to the purposes of Part V of the Act of 1957, and

(b)in any other case, as appropriated to the purposes of Part VI of the Act of 1971.

(5)Where a local authority have made a rehabilitation order they shall not—

(a)serve notice to treat under section 5 of the Compulsory Purchase Act 1965 in respect of any land or building subject to the relevant compulsory purchase order, or

(b)demolish any such building,

until after the relevant date.

(6)Where the owner of any building in respect of which a rehabilitation order could be made applies to the local authority concerned for such an order to be made in respect of the building, and the authority refuse to make the order, they shall give their reasons for so refusing in writing to the owner.

(7)Where a rehabilitation order is confirmed in accordance with this Schedule and the effect of the order is to exclude from a clearance area any land adjoining a general improvement area in England and Wales (within the meaning of Part II of the Housing Act 1969), that land shall, unless the Secretary of State otherwise directs, be included in the general improvement area.

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