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Housing Act 1974

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This is the original version (as it was originally enacted).

The Land Compensation Act 1961

8(1)In Schedule 2 to the Land Compensation Act 1961 (acquisition of houses as being unfit for human habitation) in sub-paragraph (2) of paragraph 2 (application of certain provisions of Housing Act 1957) for the words " sections sixty and sixty-one of that Act, and " there shall be substituted the words

section 61 of that Act, and Part II of

and for the words "that Schedule" there shall be substituted the words

that Part of that Schedule.

(2)After the said sub-paragraph (2) there shall be inserted the following sub-paragraphs:—

(2A)Where the local authority make and submit an order under sub-paragraph (2) of this paragraph in relation to a house, the provisions of section 60 of the Act of 1957 and Part I of Schedule 2 thereto shall apply, subject to sub-paragraph (2B) of this paragraph, as if—

(a)the house had been made the subject of a compulsory purchase order under Part III of that Act as being unfit for human habitation ; and

(b)any reference in those provisions to a local authority, other than a provision requiring, or enabling the Secretary of State to direct, a local authority to make a payment, were a reference to the appropriate local authority.

(2B)In the application of section 60 of the Act of 1957 by virtue of sub-paragraph (2A) of this paragraph—

(a)for the reference in subsection (1) to a notice under paragraph 2(1)(b) of Schedule 3 or, as the case may be, paragraph 3(1)(b) of Schedule 5 to that Act there shall be substituted a reference to a notice under sub-paragraph (3) of this paragraph ;

(b)in so far as any provision of subsection (1C) or subsection (1D) of that section requires, or enables the Secretary of State to direct, a local authority to make a payment, the reference to a local authority shall be construed as a reference to the acquiring authority;

(c)the reference in subsection (1C) of that section to the compulsory purchase order being confirmed by the Secretary of State shall be construed as a reference to the condition in either paragraph (a) or paragraph (b) of sub-paragraph (2) of this paragraph being fulfilled ; and

(d)for the reference in subsection (1D)(b) of that section to the compulsory purchase order or clearance order concerned there shall be substituted a reference to the order under sub-paragraph (2) of this paragraph.

(3)The amendments effected by sub-paragraphs (1) and (2) above shall have effect with respect to orders under paragraph 2(2) of Schedule 2 to the Land Compensation Act 1961 made on or after the day on which section 108 of this Act comes into operation.

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