Housing Act 1974

Section 130.

SCHEDULE 14 Transitional Provisions and Savings

Transitional provisions

1 Notwithstanding the repeals effected by this Act, in any case where—

(a) the Housing Corporation have before the operative date made a loan under section 2 of the [1964 c. 56.] Housing Act 1964, and

(b) under a mortgage or heritable security, entered into by the body to whom the loan was made, to secure the loan the Housing Corporation have an interest as mortgagee or, as the case may be, as creditor in any land belonging to that body,

then, whether or not that body becomes a registered housing association on or after the operative date, subsections (3) and (4) of that section, as amended by section 77(2) of the [1972 c. 47.] Housing Finance Act 1972, shall continue to apply in relation to that land as if those provisions had not been repealed.

2 In any case where—

(a) before the operative date, the Corporation agreed to make a loan to a housing association under section 2 of the Housing Act 1964 but no such loan was made before the repeal of that section by this Act took effect, and

(b) that loan was to be made for the purpose of assisting the association in connection with any of the matters specified in paragraphs (a) to (c) of subsection (4) of section 17 of this Act,

section 9 of this Act shall have effect as if subsection (1) of that section permitted the Corporation to make to the association, at a time when they are an unregistered association, a loan of the same amount and for the same purpose as the loan referred to in paragraphs (a) and (b) above.

3 Before the operative date, sections 36(4)(d) and 74(3) of this Act shall have effect as if the word " registered " in each place where it occurs, were omitted.

4 (1) Without prejudice to section 99(2)(d) of this Act, no provisional notice or improvement notice may be served in respect of a dwelling before the operative date if the person having control of the dwelling is a housing association and the dwelling is a dwelling-house falling within any of paragraphs (a) to (d) of subsection (6) of section 5 of the [1968 c. 23.] Rent Act 1968 (tenancies of certain dwelling houses excluded from protection under that Act).

(2) If, after a provisional notice or an improvement notice has been served in respect of any dwelling but before the operative date, a housing association becomes the person having control of the dwelling and, by virtue of sub-paragraph (1) above, no such notice could then be served in respect of the dwelling, any such notice with respect to the dwelling and any undertaking accepted under Part VIII of this Act with respect to the dwelling shall cease to have effect.

(3) In this paragraph " provisional notice ", " improvement notice " and " person having control" have the same meanings as in Part VIII of this Act.

Savings

5 (1) The repeal by this Act of sections 17 to 20 of the [1969 c. 33.] Housing Act 1969 shall not apply in any case where an application for an improvement contribution or a standard contribution has been approved before the day appointed for the coming into operation of that repeal.

(2) In sub-paragraph (1) above " improvement contribution " and "standard contribution" have the same meanings as in sections 18 to 20 of the Housing Act 1969.

6 Subject to section 35(7) of this Act, the repeal by this Act of section 21 of the Housing Act 1969 or, as the case may be, section 16 or section 17 of the [1968 c. 31.] Housing (Financial Provisions) (Scotland) Act 1968 shall not affect the continued operation of that section in relation to any such arrangements as are referred to in subsection (1) of that section if, before the day appointed for the coming into operation of that repeal, approval has been given in accordance with subsection (2) of the said section 21 or, in Scotland, section 14 of the said Act of 1968 as applied by section 17(1)(ii) of that Act to the making and terms of those arrangements.

7 (1) Subject to sub-paragraph (2) below, the repeal by this Act of any provision of Part I of the Housing Act 1969 shall not affect the continued operation of that Part in relation to any case where an application for a grant under that Part has been made (whether or not it has been approved) before the day appointed for the coming into operation of that repeal.

(2) For the purpose of allowing an application for a grant under Part VII of this Act to be made notwithstanding that all or some of the works in respect of which that grant is to be sought were specified in an application, made before the day appointed as mentioned in sub-paragraph (1) above, for a grant under Part I of the Housing Act 1969, the local authority to whom that application was made shall allow it to be withdrawn (whether or not it has been approved) unless they are satisfied that the works specified in the application have been begun.