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Housing Act 1974

Status:

This is the original version (as it was originally enacted).

Schedules

Schedule 1Amendments to Constitution Etc. of Housing Corporation

1In sub-paragraph (1) of paragraph 2 of Schedule 1 to the 1964 Act (number of members of Corporation not to exceed nine) for the word "nine" there shall be substituted the word

fifteen.

2At the end of the said paragraph 2 there shall be inserted the following paragraph—

2A(1)Before appointing a person to be a member of the Corporation the Ministers shall satisfy themselves that that person will have no such financial or other interest as is likely to affect prejudicially the exercise of his functions as a member, and the Ministers shall also satisfy themselves from time to time with respect to every member of the Corporation that he has no such interest; and any person who is, or whom the Ministers propose to appoint, a member of the Corporation shall, whenever requested by them to do so, furnish them with such information as the Ministers consider necessary for the performance of their duties under this paragraph.

(2)A member of the Corporation who is any way directly or indirectly interested in a contract made or proposed to be made by the Corporation shall disclose the nature of his interest at a meeting of the Corporation, and the disclosure shall be recorded in the minutes of the Corporation ; and the member shall not take part in any decision of the Corporation with respect to that contract.

(3)For the purposes of sub-paragraph (2) above a general notice given at a meeting of the Corporation by a member of the Corporation to the effect that he is a member of a specified company or firm and is to be regarded as interested in any contract which may, after the date of the notice, be made with the company or firm shall be regarded as a sufficient disclosure of his interest in relation to any contract so made.

(4)A member of the Corporation need not attend in person at a meeting of the Corporation in order to make any disclosure which he is required to make under this paragraph if he takes reasonable steps to secure that the disclosure is made by a notice which is brought up and read at the meeting.

(5)In sub-paragraph (1) above 'the Ministers' means the persons by whom members of the Corporation are appointed under paragraph 2(1) above.

3In paragraph 5 of that Schedule after the words " this Act" there shall be inserted the words

or the Housing Act 1974.

4At the end of paragraph 5 of that Schedule there shall be added the following paragraph—

6The Corporation shall be a public body for the purposes of the Prevention of Corruption Acts 1889 to 1916.

Schedule 2Grant-Aided Land

1For the purposes of section 2 of this Act "grant-aided land" means land—

(a)in respect of which any such payment as is specified in paragraph 2 below falls or fell to be made in respect of a period ending after 24th January 1974 ; or

(b)on which is or has been secured a loan which is of a description specified in paragraph 3 below and in respect of which any repayment (whether by way of principal or interest or both) falls or fell to be made after that date.

2The payments referred to in paragraph 1(a) above are payments—

(a)by way of annual grants under section 31(3) of the Housing Act 1949 or by way of exchequer contributions under section 19(3) of the Housing (Scotland) Act 1949 or under section 121(3) of the Housing (Scotland) Act 1950 (arrangements by local authorities for improvement of housing accommodation);

(b)by way of annual grants under section 12(1) or section 15 of the Housing (Financial Provisions) Act 1958 or by way of exchequer contributions under section 89(1) of the Housing (Scotland) Act 1950 or under section 12 of the Housing (Scotland) Act 1962 or under section 21 of the Housing (Financial Provisions) (Scotland) Act 1968 (contributions for dwellings improved under arrangements with local authorities and grants for hostels);

(c)by way of annual grant under section 12(6) of the Housing Subsidies Act 1967 or by way of exchequer contributions under section 121 of the Housing (Scotland) Act 1950 or under section 62 of the Housing Act 1964 or under section 17 of the Housing (Financial Provisions) (Scotland) Act 1968 (subsidies for conversions or improvements by housing associations) ;

(d)by way of annual grant under section 21(8) of the Housing Act 1969 (contributions for dwellings provided or improved by housing associations under arrangements with local authorities) ;

(e)by way of basic residual subsidy, special residual subsidy or new building subsidy under section 72 ; section 73 or section 75 of the Housing Finance Act 1972 or by way of hostel subsidy under section 92 of that Act; and

(f)by way of basic residual subsidy, special residual subsidy, new building subsidy or improvement subsidy under section 52, section 53, section 55 or section 57 of the Housing (Financial Provisions) (Scotland) Act 1972.

3The loans referred to in paragraph 1(b) above are—

(a)loans under section 119 of the Housing Act 1957 or under section 152 of the Housing (Scotland) Act 1966 (power of certain local authorities to promote and assist housing associations) ;

(b)loans to housing associations under section 47 of the Housing (Financial Provisions) Act 1958 or under section 78 of the Housing (Scotland) Act 1950 or under section 24 of the Housing (Financial Provisions) (Scotland) Act 1968 (loans by Public Works Loan Commissioners to certain bodies);

(c)advances made under section 7 of the Housing Act 1961 or under section 11 of the Housing (Scotland) Act 1962 or under section 23 of the Housing (Financial Provisions) (Scotland) Act 1968 (advances to housing associations providing housing accommodation for letting); and

(d)loans made by the Corporation under section 2 of the Housing Act 1964.

Schedule 3Housing Association Tenancies

Part IInterim Protection of Housing Association Tenants

1(1)The provisions of this Part of this Schedule apply where,—

(a)before the passing of this Act, any premises have been let on a tenancy (in this Part of this Schedule referred to as " the former tenancy "); and

(b)by reason only of section 5(5) of the Rent Act 1968 or of section 5(4) of the Rent (Scotland) Act 1971 (exclusion of housing association tenancies from protection) the former tenancy was not a protected tenancy on the relevant day; and

(c)the former tenancy has come to an end before the passing of this Act or comes to an end after the passing of this Act but before the operative date ; and

(d)at any time after the passing of this Act or the termination of the former tenancy, whichever is the later, any of the persons specified in sub-paragraph (3) below remains in occupation of the premises or part of them and in residence therein.

(2)In this Part of this Schedule " the relevant day ", in relation to a tenancy, means,—

(a)in the case of a tenancy which expired before the passing of this Act, the day on which it expired ; and

(b)in any other case, the day immediately preceding that on which this Act was passed.

(3)The persons referred to in sub-paragraph (1)(d) above are—

(a)the tenant under the former tenancy ;

(b)any person to whom the premises or any part thereof has been lawfully sublet as a dwelling ; and

(c)where any such person as is mentioned in paragraph (a) or paragraph (b) above has died, any person who, if the deceased had been the original tenant, within the meaning of Schedule 1 to the Rent Act 1968, or to the Rent (Scotland) Act 1971, of the premises or part would have been the first successor, within the meaning of that Schedule, or would have become the statutory tenant on the death of that first successor.

2(1)In this paragraph " the occupier", in relation to any premises, means the person remaining in occupation and in residence as mentioned in paragraph 1(1)(d) above and "the owner", in relation to any premises, means the person who, as against the occupier, is entitled to possession thereof ; and the following provisions of this paragraph shall have effect subject to paragraph 3 below.

(2)Without prejudice to any power of the court apart from this Part of this Schedule to postpone the operation or suspend the execution of an order for possession, if in proceedings by the owner against the occupier of any premises the court makes, or has before the passing of this Act made, an order for possession the court may suspend the execution of the order for such period, not exceeding 12 months from the date of the order, as the court thinks reasonable.

(3)Where the court by virtue of this paragraph suspends the execution of an order for possession of any premises it may authorise the withdrawal from the occupier of any specified services or furniture and impose such terms and conditions, including conditions as to the payment by the occupier of arrears of rent, rent or mesne profits and otherwise, as the court thinks reasonable.

(4)The court may from time to time vary the period of suspension or terminate it and may vary any terms or conditions imposed by virtue of this paragraph, but shall not extend the period of suspension beyond the end of 12 months from the date of the order for possession.

(5)In considering whether or how to exercise its powers under this paragraph the court shall have regard to all the circumstances and, in particular, to the following, namely,—

(a)whether the occupier has failed (whether before or after the termination of the former tenancy) to observe any terms or conditions thereof;

(b)whether he has unreasonably refused an offer of a tenancy of the premises or part of them for a reasonable term ; and

(c)whether greater hardship would be caused by the suspension of the execution of the order for possession than by its execution without suspension or further suspension.

(6)Where in proceedings for the recovery of possession of any premises the court makes an order for possession but suspends the execution of the order by virtue of sub-paragraph (2) above it shall make no order for costs, unless it appears to the court, having regard to the conduct of the owner or of the occupier, that there are special reasons for making such an order.

(7)In the application of this paragraph to Scotland—

(a)for any reference to an order for possession there shall be substituted a reference to a decree of removing or warrant of ejection,

(b)for the reference to mesne profits there shall be substituted a reference to damages arising from unlawful possession, and

(c)for the reference to costs there shall be substituted a reference to expenses.

3(1)If at any time before the operative date the interest which, on the relevant day, was the interest of the landlord under the former tenancy (in this paragraph referred to as " the landlord's interest") becomes vested in one of the bodies specified in section 5(2) of the Rent Act 1968 or of the Rent (Scotland) Act 1971 (bodies whose tenancies are excluded from protection under that Act) the court may not, in exercise of its power under paragraph 2(4) above, vary the period of suspension otherwise than by shortening it.

(2)If on the operative date the landlord's interest belongs to a housing association then, without prejudice to the provisions of Parts II and III below and to the continued operation of any provision made before that date by virtue of paragraph 2 above, the powers of the court under that paragraph shall on that date cease to be exercisable.

4(1)In this Part of this Schedule " the court ",—

(a)in relation to premises in England or Wales, means the county court; and

(b)in relation to premises in Scotland, means the sheriff.

(2)Any powers of a county court in proceedings for the recovery of possession of any premises in circumstances where the powers conferred by this Part of this Schedule are or may be exercisable may be exercised by any registrar of the court, except in so far as rules of court otherwise provide.

(3)Except in so far as the context otherwise requires, expressions to which a meaning is assigned by section 113 of the Rent Act 1968 or, in Scotland, section 133 of the Rent (Scotland) Act 1971 have the same meanings in this Part of this Schedule.

Part IIApplication of Rent Act 1968

5(1)The provisions of this paragraph apply on and after the operative date in any case where—

(a)a tenancy of a dwelling-house under which the interest of the landlord belonged to a housing association has come to an end at a time before the operative date (whether before or after the passing of this Act), and

(b)on the date when it came to an end, the tenancy was one to which Part VIII of the 1972 Act applied, and

(c)if the tenancy had come to an end after the operative date it would, by virtue of section 18(1) of this Act, have then been a protected tenancy.

(2)No order for possession of the dwelling-house shall be made which would not be made if the tenancy had been a protected tenancy at the time it came to an end.

(3)Where a court has made an order for possession of the dwelling-house before the operative date, but the order has not been executed, the court, if of opinion that the order would not have been made if the tenancy had been a protected tenancy when it came to an end may, on the application of the person against whom it was made, rescind or vary it in such manner as the court thinks fit for the purpose of enabling him to continue in possession.

(4)If on the operative date the person who was the tenant under the tenancy which has come to an end duly retains possession of the dwelling-house, he shall be deemed to do so as a statutory tenant under a regulated tenancy and as a person who became a statutory tenant on the termination of a protected tenancy under which he was the tenant.

(5)If on the operative date a person duly retains possession of the dwelling-house as being a person who, in the circumstances described in paragraph 1(3)(c) above, would have been the first successor, within the meaning of Schedule 1 to the Rent Act 1968, he shall be deemed to do so as the statutory tenant under a regulated tenancy and as a person who became a statutory tenant by virtue of paragraph 2 or paragraph 3 of that Schedule.

(6)If on the operative date a person duly retains possession of the dwelling-house as being a person who, in the circumstances described in paragraph 1(3)(c) above, would have become the statutory tenant on the death of a first successor, he shall be deemed to do so as the statutory tenant under a regulated tenancy and as a person who became a statutory tenant by virtue of paragraph 6 or paragraph 7 of Schedule 1 to the Rent Act 1968.

(7)References in the preceding provisions of this paragraph to a person duly retaining possession of a dwelling-house are references to his retaining possession without any order for possession having been made or, where such an order has been made,—

(a)during any period while its operation is postponed or its execution is suspended ; or

(b)after it has been rescinded.

(8)Subject to sub-paragraph (9) below, the tenancy referred to in sub-paragraph (1) above shall be treated as the original contract of tenancy for the purposes of section 12 of the Rent Act 1968 (terms and conditions of statutory tenancies) in relation to a statutory tenancy imposed by any of sub-paragraphs (4) to (6) above.

(9)The High Court or the county court may by order vary all or any of the terms of a statutory tenancy imposed by any of sub-paragraphs (4) to (6) above in any way appearing to the court to be just and equitable (and whether or not in a way authorised by the provisions of sections 23 and 24 of the Rent Act 1968).

6(1)If, in a case where either a tenancy becomes a protected tenancy by virtue of section 18(1) of this Act or a statutory tenancy is imposed by virtue of paragraph 5 above,—

(a)a rent was registered for the dwelling-house at a time when Part VIII of the 1972 Act applied to that tenancy or, as the case may be, to the tenancy referred to in paragraph 5(1) above, and

(b)a rent is subsequently registered for the dwelling-house under Part IV of the Rent Act 1968 but the rent so registered is less than the rent registered as mentioned in paragraph (a) above,

then, subject to paragraph 8 below, until such time as a rent is registered under Part IV of the Rent Act 1968 which is higher than the rent registered as mentioned in paragraph (a) above, the contractual rent limit, or, as the case may be, the maximum rent recoverable during any statutory period of the regulated tenancy concerned shall be the rent registered as mentioned in paragraph (a) above.

(2)If, in a case falling within sub-paragraph (1) above, the Secretary of State has, in a direction under section 85 of the 1972 Act, specified a rent limit for the dwelling-house higher than the rent registered as mentioned in sub-paragraph (1)(a) above, then, during the period for which that direction has effect as mentioned in that section, sub-paragraph (1) above shall have effect with the substitution for any reference to the rent registered as mentioned in paragraph (a) of that sub-paragraph of a reference to the rent limit so specified.

(3)Nothing in the preceding provisions of this paragraph shall affect the operation of section 48A of the Rent Act 1968 (cancellation of registration of rent) and, accordingly, where the registration of a rent is cancelled in accordance with that section sub-paragraph (1) above shall cease to apply in relation to the rent of the dwelling-house concerned.

7(1)This paragraph applies for the purposes of the application of Part III of the Rent Act 1968 (rents under regulated tenancies) in relation to—

(a)a tenancy which becomes a protected tenancy by virtue of section 18(1) of this Act,

(b)a statutory tenancy arising on the termination of such a tenancy, and

(c)a statutory tenancy imposed by virtue of paragraph 5 above,

in any case where, at the time when Part VIII of the 1972 Act last applied to the tenancy referred to in paragraph (a) above or, as the case may require, paragraph 5(1) above, subsection (3) of section 83 of the 1972 Act applied (rent limit where no rent is registered).

(2)Where this paragraph applies, the rent limit applicable to the tenancy or statutory tenancy referred to in sub-paragraph (1) above shall be deemed to be (or, as the case may be, to have been) the contractual rent limit under the relevant tenancy, but without prejudice to the subsequent registration of a rent for the dwelling-house under Part IV of the Rent Act 1968 or (during the currency of a protected tenancy) the making of an agreement under section 43 of the 1972 Act increasing the rent payable.

(3)Sub-paragraph (2) above shall have effect notwithstanding the repeal by the 1972 Act of section 20(3) of the Rent Act 1968 (contractual rent limit before registration), but nothing in this paragraph shall be taken as applying any provision of section 83 of the 1972 Act to a tenancy at a time when it is a protected tenancy.

(4)In this paragraph " the relevant tenancy " means—

(a)in the case of a tenancy falling within sub-paragraph (1)(a) above, that tenancy;

(b)in the case of a statutory tenancy falling within sub-paragraph (1)(b) above, the tenancy referred to in sub-paragraph (1)(a) above ; and

(c)in the case of a statutory tenancy falling within sub-paragraph (1)(c) above, the protected tenancy referred to in sub-paragraph (4) of paragraph 5 above or, in a case where sub-paragraph (5) or sub-paragraph (6) of that paragraph applies, a notional protected tenancy which, by virtue of section 7(4) of the Rent Act 1968, would be treated for the purposes of that Act as constituting one regulated tenancy when taken together with the statutory tenancy.

8(1)The provisions of this paragraph apply where—

(a)a tenancy of a dwelling-house becomes a protected tenancy by virtue of section 18(1) of this Act or a statutory tenancy is imposed by virtue of paragraph 5 above ; and

(b)immediately before the tenancy became a protected tenancy or, as the case may require, immediately before the tenancy referred to in paragraph 5(1) above came to an end, section 84 of the 1972 Act (phasing of progression to registered rent) applied to the rent of the dwelling-house let on that tenancy.

(2)In the following provisions of this paragraph " the regulated tenancy " means the regulated tenancy consisting of the protected or statutory tenancy referred to in sub-paragraph (1)(a) above, together with any subsequent statutory tenancy which, when taken with that regulated tenancy is by virtue of section 7(4) of the Rent Act 1968 treated for the purposes of that Act as constituting one regulated tenancy.

(3)Subject to the following provisions of this paragraph, section 84 of the 1972 Act shall continue to apply or, as the case may require, shall apply to the rent of a dwelling-house subject to the regulated tenancy.

(4)Section 84 of the 1972 Act shall cease to apply by virtue of this paragraph to the rent of a dwelling-house—

(a)on the date on which a rent is registered for the dwelling-house under Part IV of the Rent Act 1968 if the date of registration, within the meaning of Part VIII of the 1972 Act, is after the operative date ; or

(b)on the date on which a new regulated tenancy of the dwelling-house is granted to a person who is neither the tenant under the regulated tenancy nor a person who might succeed him as a statutory tenant.

(5)If and so long as, by virtue of this paragraph, subsection (2) of section 84 of the 1972 Act imposes for any rental period of a tenancy or statutory tenancy a rent limit below the rent registered for the dwelling-house as mentioned in subsection (1) of that section,—

(a)the contractual rent limit shall be the rent limit so imposed and not the registered rent (as provided by section 20(2) of the Rent Act 1968) and section 87 of the 1972 Act (increase of rent without notice to quit) shall apply in relation to the tenancy as if it were one to which Part VIII of that Act applied; and

(b)a notice of increase under section 22(2)(b) of the Rent Act 1968 (increase of rent for statutory periods) may not increase the rent for any statutory period above the rent limit so imposed, and any such notice which purports to increase it further shall have effect to increase it to that limit but no further.

(6)For the purposes of the application on and after the operative date of section 84 of the 1972 Act to the rent of a dwelling-house subject to a regulated tenancy consisting of or beginning with a statutory tenancy which is imposed by virtue of paragraph 5 above, that section shall be deemed to have continued to apply throughout the period between the termination of the tenancy referred to in sub-paragraph (1) of that paragraph and the operative date ; but nothing in this paragraph shall affect the rent recoverable for that dwelling-house at any time during that period.

9(1)This paragraph shall have effect with respect to the application of Schedule 6 to the 1972 Act (restriction on rent increases) in relation to a regulated tenancy consisting of—

(a)a tenancy which becomes a protected tenancy by virtue of section 18(1) of this Act, or

(b)a statutory tenancy imposed by virtue of paragraph 5 above,

together with any subsequent statutory tenancy which, when taken with that regulated tenancy, is by virtue of section 7(4) of the Rent Act 1968 treated for the purposes of that Act as constituting one regulated tenancy.

(2)For the purposes of paragraph 1(1)(b) of the said Schedule 6 (application of paragraph 1 to the first registration of rent after completion, during the existence of the regulated tenancy; of certain works), a tenancy falling within sub-paragraph (1)(a) above shall be deemed to have been a regulated tenancy throughout the period when Part VIII of the 1972 Act applied to it.

(3)In the case of a regulated tenancy falling within sub-paragraph (1)(b) above, paragraph 1(1)(b) of the said Schedule 6 shall have effect as if the reference to the completion of works during the existence of the regulated tenancy included a reference to their completion during the period beginning on the day on which Part VIII of the 1972 Act first applied to the tenancy referred to in paragraph 5(1) above and ending on the day on which the regulated tenancy came into existence.

(4)The references in paragraph 3(1) of the said Schedule 6 to notices of increase authorised by the Rent Act 1968 shall include a reference to notices of increase under section 87 of the 1972 Act.

10In the application of section 25 of the Rent Act 1968 (increase, on account of improvements, of recoverable rent for statutory periods before registration) in relation to a statutory tenancy arising on the termination of a tenancy which becomes a protected tenancy by virtue of section 18(1) of this Act and a statutory tenancy imposed by virtue of paragraph 5 above, for the reference to 7th December 1965 (the date after which the improvement must be completed) there shall be substituted a reference to the operative date.

11In the application of section 46 of the Rent Act 1968 in relation to a tenancy which becomes a protected tenancy by virtue of section 18(1) of this Act or a statutory tenancy which is imposed by virtue of paragraph 5 above, the reference in subsection (3) to a failure to comply with any terms of a regulated tenancy or to carrying out an improvement includes a reference to a failure occurring or an improvement carried out before the tenancy became a regulated tenancy or, as the case may be, before the statutory tenancy was imposed.

12In this Part of this Schedule "the 1972 Act" means the Housing Finance Act 1972 and sections 38(1) and 113(1) of the Rent Act 1968 (interpretation) shall have effect for the purposes of this Schedule as they have effect for the purposes of Part III or, as the case may be, the whole of that Act.

Part IIIApplication of Rent (Scotland) Act 1971

13(1)The provisions of this paragraph apply on and after the operative date in any case where—

(a)a tenancy of a dwelling-house under which the interest of the landlord belonged to a housing association has come to an end at a time before the operative date (whether before or after the passing of this Act), and

(b)on the date when it came to an end, the tenancy was one to which sections 60 to 66 of the 1972 Act applied, and

(c)if the tenancy had come to an end after the operative date it would, by virtue of section 18(1) of this Act, have then been a protected tenancy.

(2)No order for possession of the dwelling-house shall be made which would not be made if the tenancy had been a protected tenancy at the time it came to an end.

(3)Where a court has made an order for possession of the dwelling-house before the operative date, but the order has not been executed, the court, if of opinion that the order would not have been made if the tenancy had been a protected tenancy when it came to an end may, on the application of the person against whom it was made, rescind or vary it in such manner as the court thinks fit for the purpose of enabling him to continue in possession.

(4)If on the operative date the person who was the tenant under the tenancy which has come to an end duly retains possession of the dwelling-house, he shall be deemed to do so as a statutory tenant under a regulated tenancy and as a person who became a statutory tenant on the termination of a protected tenancy under which he was the tenant.

(5)If on the operative date a person duly retains possession of the dwelling-house as being a person who, in the circumstances described in paragraph 1(3)(c) above, would have been the first successor, within the meaning of Schedule 1 to the 1971 Act he shall be deemed to do so as the statutory tenant under a regulated tenancy and as a person who became a statutory tenant by virtue of paragraph 2 or paragraph 3 of that Schedule.

(6)If on the operative date a person duly retains possession of the dwelling-house as being a person who, in the circumstances described in paragraph 1(3)(c) above, would have become the statutory tenant on the death of a first successor, he shall be deemed to do so as the statutory tenant under a regulated tenancy and as a person who became a statutory tenant by virtue of paragraph 6 or paragraph 7 of Schedule 1 to the 1971 Act.

(7)References in the preceding provisions of this paragraph to a person duly retaining possession of a dwelling-house are references to his retaining possession without any order for possession having been made or, where such an order has been made,—

(a)during any period while its operation is postponed or its execution is suspended ; or

(b)after it has been rescinded.

(8)Subject to sub-paragraph (9) below, the tenancy referred to in sub-paragraph (1) above shall be treated as the original contract of tenancy for the purposes of section 12 of the 1971 Act (terms and conditions of statutory tenancies) in relation to a statutory tenancy imposed by any of sub-paragraphs (4) to (6) above.

(9)The court may by order vary all or any of the terms of a statutory tenancy imposed by any of sub-paragraphs (4) to (6) above in any way appearing to the court to be just and equitable (and whether or not in a way authorised by the provisions of sections 22 and 23 of the 1971 Act).

14(1)This paragraph applies to—

(a)a tenancy which becomes a protected tenancy by virtue of section 18(1) of this Act;

(b)a statutory tenancy which is deemed to arise under paragraph 13 above; and

(c)a statutory tenancy arising on the termination of any such tenancy as is referred to in head (a) or (b) of this sub-paragraph.

(2)The contractual rent limit for any contractual period of a tenancy to which this paragraph applies or the limit of rent recoverable for any statutory period of that tenancy shall be determined as follows—

(a)where no rent has been registered for the dwelling-house under the previous housing association tenancy, the limit for the purposes of section 19(1) or, subject to sections 22 to 24, of section 21(1) of the 1971 Act, shall be the rent recoverable for the last rental period of that tenancy determined in accordance with section 62(3) of the 1972 Act, until either—

(i)a rent is registered for the dwelling-house under Part IV of the 1971 Act, or

(ii)a rent agreement with a tenant having security of tenure is entered into with respect to the dwelling-house ;

(b)where a rent has been registered for the dwelling-house under the previous housing association tenancy and the rent recoverable for the last rental period of that tenancy was that registered rent, the limit, for the purposes of section 19(2) or section 21(2) of the 1971 Act, but subject to the provisions of those sections, shall be the registered rent until either—

(i)a new rent is registered for the dwelling-house under Part IV of the 1971 Act, or

(ii)the rent registered for the dwelling-house is cancelled in terms of section 44A of the 1971 Act;

(c)where a rent has been registered for the dwelling-house under the previous housing association tenancy and the rent recoverable for the last rental period of that tenancy was determined in accordance with section 63 of the 1972 Act, the limit, for the purposes of section 19(2) or of section 21(2) of the 1971 Act, shall be the rent limit as determined in accordance with the said section 63 of the 1972 Act and, for this purpose, that registration and the provisions of sections 62(4), 63(2) to (4) and 67 of that Act shall subject to the provisions of sub-paragraph (3) of this paragraph, continue to apply or, as the case may require, shall apply to the rent of a dwelling-house under a tenancy to which this paragraph applies as if that tenancy had been a tenancy to which sections 60 to 66 of the 1972 Act applied, until either—

(i)a new rent is registered for the dwelling-house under Part IV of the 1971 Act, or

(ii)the rent registered for the dwelling-house is cancelled in terms of section 44A of the 1971 Act;

(d)where a rent has been registered for the dwelling-house and the Secretary of State has given a direction under section 64(4) of the 1972 Act, specifying the rent limit for the dwelling-house under the previous housing association tenancy, the limit, for the purposes of section 19(2) or of section 21(2) of the 1971 Act, shall be the rent limit specified in the direction and, for this purpose, the provisions of sections 62(1), (2), (4) and (5), 64 and 67 of the 1972 Act shall continue to apply or, as the case may require, shall apply to the rent of a dwelling-house under a tenancy to which this paragraph applies as if that tenancy had been a tenancy to which sections 60 to 66 of the 1972 Act applies, until—

(i)the direction ceases to have effect (whether because any condition included in the direction is not complied with or because the period for which the direction has effect ends), or

(ii)a new rent is registered for the dwelling-house under Part IV of the 1971 Act (whether or not the new rent exceeds the rent provisionally registered or the rent specified in the direction);

and where any of the events specified in the foregoing provisions of this sub-paragraph take place the said limits shall be determined in accordance with the provisions of the Rent (Scotland) Acts 1971 and 1972.

(3)In the application, by virtue of sub-paragraph (2)(c) of this paragraph, of subsection (2) of section 63 of the 1972 Act to the rent of a dwelling-house subject to a statutory tenancy which is deemed to arise under paragraph 13 above, that subsection shall be deemed to have continued to apply throughout the period between the termination of the tenancy referred to in paragraph 13(1)(a) above and the operative date ; but nothing in this sub-paragraph shall affect the rent recoverable for that dwelling-house at any time during that period.

(4)In the case where sub-paragraph (2)(c) of this paragraph applies, and the rent limit therein referred to is the rent limit as determined in accordance with section 63 of the 1972 Act, any notice of increase under section 21(2)(b) of the 1971 Act shah not increase the rent for any statutory period of a tenancy to which this paragraph applies above the rent limit as so determined, and any such notice which purports to increase it further shall have effect to increase it to that limit but no further.

(5)In the application of section 24(1) of the 1971 Act (increase of rent for improvements) to a tenancy to which this paragraph applies, for the reference to 8th December 1965 (the date after which the improvement must be completed) there shall be substituted a reference to the operative date.

(6)Section 42 of the 1971 Act (determination of fair rent) shall apply in relation to a tenancy to which this paragraph applies as if the reference in subsection (3) of the said section 42 to the tenant under the regulated tenancy included references to the tenant under the previous housing association tenancy.

(7)Any right conferred upon a tenant by section 31 of the 1971 Act, as applied by section 62(5) of the 1972 Act, to recover any amount by deducting it from rent should be exercisable by deducting it from rent for any rental period beginning after the tenancy has become a tenancy to which this paragraph applies to the same extent as the right would have been exercisable if the tenancy had not become such a tenancy.

(8)The fact that the tenancy has become a tenancy to which this paragraph applies should not be taken as affecting any court proceedings which are pending under section 67(3) of the 1972 Act at the time when the tenancy becomes such a tenancy and a decision on which may affect the recoverable rent for any period before that time or the rent under the tenancy to which this paragraph applies so far as that depends upon the recoverable rent before that time.

15The sheriff shall have jurisdiction, either in the course of any proceedings relating to a dwelling-house or on an application made for the purpose by the landlord or the tenant, to determine any question—

(a)as to the application of this Part of this Schedule to any tenancy or as to any matter which is or may become material for determining any such question, or

(b)as to the amount of rent recoverable under a tenancy to which paragraph 13 above applies ;

and section 123(1) of the 1971 Act shall apply to any application to the sheriff under this paragraph as it applies to any application under any of the provisions mentioned in section 123(3) of that Act.

16In this Part of this Schedule—

  • " the 1971 Act" means the Rent (Scotland) Act 1971 ;

  • "the 1972 Act" means the Housing (Financial Provisions) (Scotland) Act 1972 ;

  • " the court" means " the sheriff " ;

  • " the previous housing association tenancy", in relation to a tenancy to which paragraph 14 above applies, means the tenancy to which sections 60 to 66 of the 1972 Act applied which either became the protected tenancy by virtue of section 18(1) of this Act or came to an end as mentioned in paragraph 13(1)(a) above ; and other expressions used in this Part of this Schedule which are also used in the Rent (Scotland) Acts 1971 and 1972 shall have the same meanings in this Part as they have in those Acts.

Schedule 4Notification Procedure

1Where, by virtue of the principal section, a person is under an obligation to notify a local authority of any matter, the obligation shall be fulfilled by furnishing to the local authority a notification in writing containing the information specified in the following provisions of this Schedule.

2(1)Every such notification shall contain—

(a)the name and address of the person by whom it is furnished ;

(b)the address of, and any further information necessary to identify, the land to which the notification relates ; and

(c)the estate or interest in that land which the person by whom the notification is furnished has at the time it is furnished.

(2)The reference in sub-paragraph (1)(a) above to a person's address is a reference to his place of abode or his place of business or, in the case of a company, its registered office.

(3)To the extent that it is capable of being so given, the information required by sub-paragraph (1)(b) above may be given by reference to a plan accompanying the notification.

3(1)A notification given in compliance with subsection (1) or subsection (2) of the principal section shall also specify—

(a)whether the tenancy concerned is periodic or for a term certain ;

(b)the duration of the period or term ; and

(c)the date on which the tenancy will come to an end (by virtue of the service of the notice to quit or by effluxion of time).

(2)If the landlord considers it appropriate, he may also, in a notification given in compliance with subsection (1) of the principal section, give his reason for serving the notice to quit.

4A notification given in compliance with subsection (3) of the principal section shall also specify whether, at the time the notification is furnished, the person furnishing it intends to retain any estate or interest in the land specified in the notification in accordance with paragraph 2(1)(b) above and, if he does, the nature of that estate or interest and the land in which he intends that it should subsist.

5In this Schedule " the principal section " means section 47 of this Act.

Schedule 5General Improvement Areas

Part ISections to be Substituted for Housing Act 1969, Section 28

28(1)Where a report with respect to a predominantly residential area within the district of a local authority is submitted to them by a person or persons appearing to the authority to be suitably qualified (whether or not that person is or those persons include an officer of the authority) and it appears to the authority, upon consideration of the report and of any other information in their possession, that living conditions in the area can most appropriately be improved by the improvement of the amenities of the area or dwellings therein or both and that such an improvement may be effected or assisted by the exercise of their powers under this Act, the authority may cause the area to be defined on a map and by a resolution (in this section referred to as a " preliminary resolution ") declare their intention that the area should become a general improvement area in accordance with the provisions of this section.

(2)If a local authority have passed a preliminary resolution with respect to any area, they may, subject to the following provisions of this section, proceed by a further resolution (in this section referred to as a " confirmatory resolution ") to confirm the preliminary resolution and to declare the area to be a general improvement area ; and in relation to a confirmatory resolution or a proposed confirmatory resolution, " the relevant preliminary resolution " means the preliminary resolution confirmed or, as the case may be, proposed to be confirmed, by the confirmatory resolution.

(3)A local authority may not proceed to pass a confirmatory resolution with respect to the area to which the relevant preliminary resolution relates (in the following provisions of this section referred to as " the proposed general improvement area ") unless, within the period of six months beginning with the date on which the relevant preliminary resolution was passed, they notify the Secretary of State in writing of their intention to do so and send to him—

(a)a copy of the relevant preliminary resolution ;

(b)a copy of the map defining the proposed general improvement area;

(c)a copy of the report referred to in subsection (1) above, the consideration of which led to the passing of the relevant preliminary resolution; and

(d)such other information and documents as the Secretary of State may direct with respect to general improvement areas generally.

(4)On receipt of a notification or of any other document or information sent to him under subsection (3) above with respect to a proposed general improvement area, the Secretary of State shall send a written acknowledgment to the authority by whom the notification or other document was sent and, if it appears to him to be appropriate to do so, he may, at any time within the appropriate period, send a notification to the authority—

(a)that they may not pass a confirmatory resolution with respect to the proposed general improvement area ; or

(b)that he requires more time to consider the proposed declaration of that area as a general improvement area.

(5)Where the Secretary of State notifies a local authority as mentioned in subsection (4)(b) above, he shall, on completion of his consideration of the matter, send a further notification to the authority—

(a)that they may not pass a confirmatory resolution with respect to the proposed general improvement area ; or

(b)that they are at liberty to proceed to pass such a resolution.

(6)Without prejudice to subsection (3) above, if—

(a)a local authority have notified the Secretary of State as mentioned in that subsection with respect to a proposed general improvement area but are not yet able to proceed to pass a confirmatory resolution with respect to it, and

(b)the Secretary of State, by a direction given with respect to that particular area, so requires,

the local authority shall send to him such other information and documents with respect to that area as may be specified in the direction.

(7)In this section " the appropriate period", in relation to the proposed general improvement area to which a preliminary resolution relates, means the period—

(a)of 28 days or such longer period as the Secretary of State may by order made by statutory instrument specify for the purposes of this subsection, and

(b)beginning on the date on which the acknowledgment or, as the case may be, the last acknowledgment of any document or information with respect to that proposed general improvement area was sent to the local authority concerned under subsection (4) above.

(8)In any case where a local authority have passed a preliminary resolution and, in accordance with subsection (3) above, have sent to the Secretary of State a notification and other documents relating to the proposed general improvement area, they may not proceed to pass a confirmatory resolution with respect to that area—

(a)before the expiry of the appropriate period, and

(b)if the Secretary of State notifies them as mentioned in subsection (4)(b) above, unless and until they are notified as mentioned in subsection (5)(b) above,

but if the authority are notified as mentioned in subsection (4)(a) or subsection (5)(a) above, no resolution confirming that preliminary resolution may be passed with respect to the proposed general improvement area.

28AAs soon as may be after the passing of a confirmatory resolution, within the meaning of section 28 of this Act, declaring an area to be a general improvement area, the local authority shall—

(a)publish in two or more newspapers circulating in the locality (of which one at least shall, if practicable, be a local newspaper) a notice of the resolution identifying the area and naming a place or places where a copy of the resolution, of the map on which the area is defined and of the report mentioned in section 28(1) of this Act may be inspected at all reasonable times;

(b)take such further steps as may appear to them best designed to secure that the resolution is brought to the attention of persons residing or owning property within the area and that those persons are informed of the name and address of the person to whom any enquiries and representations concerning any action to be taken in the exercise of the local authority's powers under this Part of this Act should be addressed; and

(c)send to the Secretary of State a copy of the resolution and a statement of the number of dwellings in the area.

Part IIOther Amendments of Part II of Housing Act 1969

1After section 29 of the Housing Act 1969 there shall be inserted the following sections:— Housing action areas excluded from general improvement areas.

29AA general improvement area shall not be so defined as to include (but may be so defined as to surround) any land which is for the time being comprised in a housing action area declared under Part IV of the Housing Act 1974. Incorporation of priority neighbourhoods into general improvement areas.

29B(1)If a local authority propose, by a preliminary resolution under section 28(1) of this Act, to declare their intention that an area should become a general improvement area and that area consists of or includes land which, immediately prior to the declaration, is comprised in a priority neighbourhood declared under Part VI of the Housing Act 1974, they shall indicate on the map referred to in the said section 28(1) the land which is so comprised (in this section referred to as "priority land").

(2)If a local authority, by a confirmatory resolution under section 28(2) of this Act, confirm a preliminary resolution and declare as a general improvement area an area which, immediately prior to the declaration, consists of or includes priority land, then, with effect from the date on which the confirmatory resolution is passed, the priority land shall be deemed, as the case may require, either—

(a)to have ceased to be a priority neighbourhood by virtue of a resolution passed on that date under section 39(3) of the Housing Act 1974 (as it applies in relation to such a neighbourhood by virtue of section 54 of that Act); or

(b)to have been excluded from the priority neighbourhood concerned by virtue of a resolution passed on that date under section 40(1) of that Act (as it applies in relation to such a neighbourhood by virtue of the said section 54).

2(1)In section 30 of that Act (changes with respect to general improvement area) after subsection (1) there shall be inserted the following subsection:—

(1A)In any case where, by virtue of a resolution under subsection (1) above, any land is excluded from a general improvement area or, as the case may be, an area ceases to be a general improvement area, the resolution shall not affect the continued operation of this Part of this Act and of any other provision relating to general improvement areas in relation to any works which have been begun before the date on which the resolution takes effect, but, subject thereto, the exclusion or cessation shall apply with respect to the approval before that date of any expenditure in respect of works which have not been begun before that date.

(2)Subsections (2) and (3) of that section (power of local authority by resolution to include land adjoining a general improvement area in that area) shall cease to have effect.

3In section 32 of that Act (general powers exercisable by local authority in general improvement area) in subsection (5) (nothing in section 32 to enable a local authority to make any grant where such a grant might be made under Part I of that Act) for the words " Part I of this Act" there shall be substituted the words

Part VII of the Housing Act 1974.

4(1)After subsection (5) of section 37 of that Act (power of Secretary of State by order to alter the maximum of the aggregate expenditure of local authorities which can be approved for the purposes of his contribution in respect of a general improvement area) there shall be inserted the following subsection:—

(5A)Without prejudice to subsection (5) above, the Secretary of State may direct that, in the case of a particular general improvement area or any description of general improvement area, subsection (4) above shall have effect as if for the amount of £100 mentioned in that subsection, or such other amount as may for the time being be substituted for that amount under subsection (5) above, there were substituted a greater amount.

(2)In subsection (7) of that section (for purposes of contributions by Secretary of State to local authorities towards expenditure in general improvement areas, certain expenditure by housing association to be treated as that of local authority) there shall be inserted before the words

housing association, in the first and third places where they occur, the word " registered" and at the end of that subsection there shall be added the following subsection:—

(8)In subsection (7) of this section ' registered housing association ' means a housing association registered in the register of housing associations established under section 13 of the Housing Act 1974.

5In subsection (2) of section 40 of that Act (in relation to land in a general improvement area declared by them, the Greater London Council is to be deemed to be the local authority for certain purposes and certain functions are to be exerciseable by other authorities only after consultation with the Greater London Council) in paragraph

(a), for the words " sections 17 to 22 and 74 of this Act", there shall be substituted the words

section 74 of this Act and section 79 of the Housing Act

1974 ", the words " Part I of this Act other than sections 17 to 22 " shall be omitted and for the words

and Part II of the Act of 1957

there shall be substituted the words

Part II of the Act of 1957 and Part VII of the Housing Act 1974 other than section 79

; and in paragraph (b), for the words from " section 19 " to " that Act" there shall be substituted the words

or Part IV of the Housing Act 1964.

Schedule 6Standard Amenities

Part IList of Amenities and Maximum Eligible Amounts

Description of AmenityMaximum eligible amount £
A fixed bath or shower100
A hot and cold water supply at a fixed bath or shower140
A wash-hand basin50
A hot and cold water supply at a wash-hand basin70
A sink100
A hot and cold water supply at a sink90
A water closet150

Part IIProvisions applicable to certain amenities

1Except as provided by paragraph 2 below, a fixed bath or shower must be in a bathroom.

2If it is not reasonably practicable for the fixed bath or shower to be in a bathroom but it is reasonably practicable for it to be provided with a hot and cold water supply it need not be in a bathroom but may be in any part of the dwelling which is not a bedroom.

3The water closet must, if reasonably practicable, be in, and accessible from within, the dwelling or, where the dwelling is part of a larger building, in such a position in that building as to be readily accessible from the dwelling.

Schedule 7Lodging-houses and Hostels : Amendments of Schedule 1 to Housing Finance Act 1972

1In Part I (credits and debits) in paragraph 1(1)(a) after the word " rents", in the first place where it occurs, there shall be inserted the words

and charges

and after the word " rents ", in the second place where it occurs, there shall be inserted the words

or charges.

2In Part II (rate fund contributions to the Housing Revenue Account) after paragraph 9 there shall be added the following paragraph:— Charges for lodging-houses and hostels

9A(1)If for any year the amount received by the local authority by way of charges in respect of lodging-houses (that is to say, houses not occupied as separate dwellings) and hostels within the account is less than the amount which would have been received if those charges had been equal to the reckonable charges, the local authority shall make a rate fund contribution for that year of an amount equal to the deficiency.

(2)In this paragraph " the reckonable charges ", in relation to any such lodging-houses or hostels, means such charges as, in the opinion of the Secretary of State, are reasonable and appropriate, having regard to all the circumstances.

(3)For the purposes of this paragraph the amount of any charges shall be calculated in such manner as the Secretary of State may from time to time determine, either generally or with respect to a particular authority or authorities or in any particular case.

(4)Before making a general determination under sub-paragraph (3) above, the Secretary of State shall consult with such associations of housing authorities as appear to him to be concerned and with any housing authority with whom consultation appears to him to be desirable.

3In Part III (limitation of certain subsidies and rate fund contributions) in head E of the Table in paragraph 11, for the words " and 9 " there shall be substituted the words

9 and 9A.

Schedule 8Reduction of Rateable Value in Case of Certain Improvements

1(1)Where the tenant, or any previous tenant, has made or contributed to the cost of an improvement on the premises comprised in the tenancy and the improvement is one to which this Schedule applies, then, if the tenant serves on the landlord a notice in the prescribed form requiring him to agree to a reduction under this Schedule, their rateable value as ascertained for the purposes of subsection (1) of section 1 of this Act shall be reduced by such amount, if any, as may be agreed or determined in accordance with the following provisions of this Schedule.

(2)This Schedule applies to any improvement made by the execution of works amounting to structural alteration, extension or addition.

2(1)The amount of any such reduction may at any time be agreed in writing between the landlord and the tenant.

(2)Where, at the expiration of a period of six weeks from the service of a notice under paragraph 1 of this Schedule any of the following matters has not been agreed in writing between the landlord and the tenant, that is to say,—

(a)whether the improvement specified in the notice is an improvement to which this Schedule applies ;

(b)what works were involved in it;

(c)whether the tenant or a previous tenant under the tenancy has made it or contributed to its cost; and

(d)what proportion his contribution, if any, bears to the whole cost;

the county court may on the application of the tenant determine that matter, and any such determination shall be final and conclusive.

(3)An application under the last foregoing sub-paragraph must be made within six weeks from the expiration of the period mentioned therein or such longer time as the court may allow.

3(1)Where, after the service of a notice under paragraph 1 of this Schedule, it is agreed in writing between the landlord and tenant or determined by the county court—

(a)that the improvement specified in the notice is one to which this Schedule applies, and what works were involved in it, and

(b)that the tenant or a previous tenant under the tenancy has made it or contributed to its cost, and, in the latter case, what proportion his contribution bears to the whole cost, then if, at the expiration of a period of two weeks from the agreement or determination, it has not been agreed in writing between the landlord and the tenant whether any or what reduction is to be made under this Schedule, and the tenant, within four weeks from the expiration of that period, makes an application to the valuation officer for a certificate under the next following sub-paragraph, that question shall be determined in accordance with the certificate unless the landlord and the tenant otherwise agree in writing.

(2)On any such application the valuation officer shall certify—

(a)whether or not the improvement has affected the rateable value on the 1st April, 1973 (as ascertained for the purposes of subsection (1) of section 1 of this Act), of the hereditament of which the premises consist or, as the case may be, in which they are wholly or partly comprised, and

(b)if it has, the amount by which the rateable value would have been less if the improvement had not been made.

(3)An application for such a certificate shall be in the prescribed form and shall state the name and address of the landlord, and the Valuation Officer shall send a copy of the certificate to the landlord.

(4)Where the amount of the reduction under this Schedule falls to be determined in accordance with such a certificate, it shall be equal to the amount specified in pursuance of head (b) of sub-paragraph (2) of this paragraph, but proportionately reduced in any case where a proportion only of the cost was contributed by the tenant or a previous tenant under the tenancy.

(5)Where at the time of an application for a certificate under this paragraph a proposal for an alteration in the valuation list relating to the hereditament is pending and the alteration would have effect from a date earlier than the 2nd April, 1973, the Valuation Officer shall not issue the certificate until the proposal is settled. FORM . . .

Leasehold Reform Act 1967

Notice by Tenant to Landlord of Tenant's Improvements affecting Rateable Value Date ______________ To ________________________ landlord of ________________________________ 1 [I] [A previous tenant of the above mentioned premises under the tenancy] [made] [contributed to the cost of] the improvement [s] to the above mentioned premises particulars of which are set out in the First Schedule hereto (Note 1). 2 I hereby require you to agree to a reduction in the rateable value of the premises for the purposes of the Leasehold Reform Act 1967. 3 I propose that the rateable value shall be reduced to £ _____ (Note 2). 4 If you do not agree to this reduction (Note 3), do you agree that—

(a)the improvement [s] [is] [are] [an] improvement [s] made by the execution of works amounting to the structural alteration or extension of the premises or a structural addition thereto ;

(b)the works set out in the Second Schedule hereto were involved in the making of the improvement [s] ;

(c)[I] [A previous tenant under the tenancy] [made the improvement [s]] [contributed to the cost of the improvement [s]];

(d)the proportion of the cost borne by me or a previous tenant is _________________ Signature of tenant _______________________

First Schedule

Description of Improvement(s)

Second Schedule

Description of Works Strike out words in square brackets if inapplicable. Note 1 The improvement must be one made by the execution of works amounting to the structural alteration or extension of the premises or a structural addition thereto, e.g. the erection of a garage in the grounds. Note 2 If the amount of the reduction is agreed in writing between the landlord and the tenant, the amount of the reduced rateable value as so agreed will be substituted for the purposes of the Leasehold Reform Act 1967, for the rateable value on 1st April, 1973. Note 3 If the amount of the reduction is not agreed in writing between the landlord and the tenant, the Valuation Officer will have to decide whether the improvement has affected the rateable value of the premises, and if so, what that value would have been had the improvement not been made. The name and address of the Valuation Officer can be obtained from the local authority. Before, however, an application is made to the Valuation Officer, the landlord and the tenant must try to agree in writing on the items mentioned at (a) to (d) of this paragraph, or such of those items as are material. If at the end of a period of six weeks after the service of this notice any of these items have not been agreed, the tenant may, within a further six weeks or so much longer time as the court may allow, apply to the county court to settle the matter. If it has either been agreed or determined by the county court that there has been an improvement of the kind described in Note 1 involving specified works, and that the improvement was carried out by the tenant or a previous tenant, or that the tenant or a previous tenant contributed to its cost, and in the latter case what proportion the contribution bears to the whole cost of the works, then, if within a period of two weeks after the agreement or determination of the county court the landlord and the tenant have still not agreed in writing whether any or what reduction is to be made, the tenant has a further four weeks in which to make an application in the statutory form to the Valuation Officer for a certificate as to whether or not the improvement has affected the rateable value, and if so, the amount by which that value would have been less if the improvement had not been made. FORM _________

Leasehold Reform Act 1967

Application by Tenant to Valuation Officer for Certificate as to Reduction for the purposes of the Leasehold Reform Act 1967, in the Rateable Value of premises on account of Tenant's Improvements Date ______________ To the Valuation Officer. 1 I am the tenant of ____________________________________, and my landlord is ___________________of ___________________________________________. 2 It has been [agreed in writing between me and my landlord] [determined by the county court] that the improvement [s] specified in the First Schedule hereto [is an improvement] [are improvements] to which Schedule Seven to the Leasehold Reform Act 1967 applies, and that I or a previous tenant under the tenancy made the improvements] or contributed to [its] [their] cost, and that the works specified in the Second Schedule hereto were involved in the improvement [s]. 3 It has not been agreed between me and my landlord whether any or what reduction is to be made under said Schedule Seven in the rateable value of the premises for the purposes of the Leasehold Reform Act 1967, and I hereby make application to you for a certificate under paragraph 3(2) of the said Schedule Seven (Note 4). Signature of tenant _______________________

First Schedule

Description of Improvement(s)

Second Schedule

Description of Works Strike out words in square brackets if inapplicable. Note 4 If the Valuation Officer certifies that the rateable value would have been less but for the improvement by the amounts mentioned in the certificate, the rateable value will be reduced by those amounts for the purposes of the Leasehold Reform Act 1967 except in the case where a proportion only of the cost was contributed by the tenant, in which case the amounts of the reductions will be proportionately reduced accordingly.

Schedule 9Provisions to be Substituted for Subsection (1) of Section 60 of the Housing Act 1957

(1)Where a house is made the subject of a compulsory purchase order under this Part of this Act as being unfit for human habitation or is made the subject of a clearance order, then not later than the date or, if there is more than one, the last date on which they served a notice of the effect of the order under paragraph 2(1)(b) of Schedule 3 or, as the case may be, paragraph 3(1)(b) of Schedule 5 to this Act, the local authority shall—

(a)serve on every owner, lessee, mortgagee and occupier of the house, so far as it is reasonably practicable to ascertain those persons, a notification under subsection (1A) of this section with respect to the house ; and

(b)in the case of a house falling within subsection (2) of section 67 of the Housing Act 1969 (houses comprising more than one dwelling or occupied partly for the purposes of a dwelling and partly for other purposes), serve on every owner, lessee, mortgagee and occupier of each dwelling in the house, so far as it is reasonably practicable to ascertain those persons, a notification under subsection (1A) of this section with respect to that dwelling.

(1A)The notification referred to in subsection (1) of this section shall be in the prescribed form and shall state that the local authority are satisfied—

(a)that, in the case of a house which does not fall within subsection (1) or subsection (2) of section 67 of the Housing Act 1969 (payments in respect of partially well maintained houses or parts of buildings), both the interior and the exterior of the house have been well maintained ; or

(b)that, in the case of a house which, apart from section 67 of the Housing Act 1969, would not be treated as well maintained for the purposes of this section, either the exterior or the interior of the house has been well maintained ; or

(c)that, in the case of a house falling within subsection (2) of the said section 67, the exterior, as defined in that subsection, has been well maintained ; or

(d)that, in the case of any such dwelling as falls within subsection (2) of the said section 67, the interior of the dwelling has been well maintained ; or

(e)that no part of the house or dwelling in respect of which a payment might otherwise be made under this section has been well maintained.

(1B)Any notification stating that a local authority are satisfied—

(a)as mentioned in paragraph (b) of subsection (1A) of this section shall also state the reasons why the local authority are not satisfied that the interior or, as the case may be, the exterior of the house concerned has been well maintained ;

(b)as mentioned in paragraph (e) of that subsection shall also state the reasons why the local authority are satisfied that no part of the house or dwelling in respect of which a payment might otherwise be made under this section has been well maintained.

(1C)Where a local authority have served a notification under subsection (1A) above, other than a notification falling within paragraph (e) thereof, and the house or dwelling to which the notification relates is included in the compulsory purchase order or clearance order as confirmed by the Secretary of State and, in the case of a compulsory purchase order, is so included as being unfit for human habitation, then, according to the nature of the notification, the local authority shall make a payment under this section in respect of the house or dwelling, namely—

(a)in the case of a notification falling within paragraph (a) of that subsection, a payment of such amount, if any, as is ascertained in accordance with Part I of Schedule 2 to this Act; and

(b)in the case of any other notification, a payment of one-half of the amount, if any, so ascertained.

(1D)If, in the case of a notification to which subsection (1B) of this section applies, any owner, lessee, mortgagee or occupier of the house or dwelling to which the notification relates is aggrieved at the decision of the local authority that they are not satisfied as mentioned in paragraph (a) or paragraph (b) of that subsection and makes written representation to that effect to the Secretary of State—

(a)in the prescribed manner, and

(b)within the period within which an objection may be made to the compulsory purchase order or clearance order concerned,

the Secretary of State may, if he thinks it appropriate to do so and (if he considers it necessary) after causing the house or dwelling concerned to be inspected by an officer of his department, give directions for the making by the local authority of a payment (or, as the case may be, a further payment) in respect of the house or dwelling concerned of such amount, if any, as is ascertained in accordance with Part I of Schedule 2 to this Act or, as the case may require, of one-half of that amount.

Schedule 10Rehabilitation Orders

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.

Procedure for making and confirming rehabilitation orders

4A rehabilitation order shall be made in the prescribed form and shall describe, by reference to a map—

(a)the land and buildings to which it applies,

(b)the boundaries of the clearance area to which it applies,

(c)the boundaries of the land comprised in any relevant compulsory purchase order, and

(d)the parts (if any) of the land to which the rehabilitation order applies which will remain subject to a compulsory purchase order.

5(1)Before submitting the rehabilitation order to the Secretary of State the local authority shall—

(a)publish in one or more newspapers circulating within their district a notice in the prescribed form stating that an order has been made and describing the land and buildings to which it applies and naming a place where a copy of the order and its accompanying map may be seen at all reasonable hours, and

(b)serve—

(i)on every person on whom notice of the making of any relevant compulsory purchase order was served, or

(ii)on the person from whom the land or building was purchased by agreement, as the case may be, or

(iii)on their successors in title, where appropriate,

a notice in the prescribed form stating the effect of the rehabilitation order and that it is about to be submitted to the Secretary of State for confirmation and specifying the time within, and the manner in which, objections thereto can be made.

(2)A notice which is to be served on any person under this paragraph shall be served in accordance with the provisions of section 169 of the Act of 1957 ; and any notice served in accordance with this paragraph shall be accompanied by a statement of the grounds on which the authority are seeking confirmation of the rehabilitation order.

6(1)If no objection is duly made by any of the persons on whom notices are required to be served in accordance with paragraph 5 above, or if all objections so made are withdrawn, then, subject to the provisions of this Schedule, the Secretary of State may if he thinks fit confirm the order with or without modifications.

(2)If any objection duly made is not withdrawn, the Secretary of State shall, before confirming the order, either cause a public local inquiry to be held or afford to a person by whom an objection has been duly made and not withdrawn an opportunity of appearing before and being heard by a person appointed by the Secretary of State for the purpose.

(3)After considering any objection not withdrawn and the report of the person who held the inquiry or of the person appointed under sub-paragraph (2) above, the Secretary of State may, subject to the provisions of this Schedule, confirm the order with or without modifications.

(4)Notwithstanding anything in the provisions of this paragraph, the Secretary of State may require any person who has made an objection to state in writing the grounds thereof and may disregard the objection for the purposes of this paragraph if he is satisfied that the objection relates exclusively to matters which can be dealt with by the tribunal by whom the compensation is to be assessed.

(5)The Secretary of State may modify a rehabilitation order by extending its application to any other land or building to which the order could have been made to apply by the authority making it, but shall not do so unless—

(a)he is satisfied that any unfit house which he proposes to include in the rehabilitation order should be improved to the full standard, instead of being demolished,

(b)he is satisfied, in respect of any land or building which he proposes to' include in the rehabilitation order (being land or a building which is not comprised in the clearance area concerned) that its acquisition by the local authority is unnecessary, and

(c)he has served on every owner, lessee and occupier (except tenants for a month or a lesser period than a month) and, so far as it is reasonably practicable to ascertain such persons, on every mortgagee, of the land or building a notice in the prescribed form stating the effect of his proposals and has afforded them an opportunity to make their views known.

7(1)The provisions of Schedule 4 to the Act of 1957 shall have effect, subject to the necessary modifications, in relation to the validity and date of operation of a rehabilitation order as they have effect in relation to the validity and date of operation of a compulsory purchase order made under section 43 of that Act.

(2)The modifications subject to which the provisions of Schedule 4 are to have effect by virtue of this paragraph shall include the addition, at the end of paragraph 1, of the words—

" and every person on whom the Secretary of State served notice under paragraph 6(5)(c) of Schedule 10 to the Housing Act 1974."

8(1)In this Schedule " prescribed " means prescribed by order made by the Secretary of State for the purposes of this Schedule ; and " full standard " has the same meaning as in section 114(3) of this Act.

(2)An order under this paragraph shall be contained in a statutory instrument which shall be subject to annulment in pursuance of a resolution of either House of Parliament.

(3)In the application of this Schedule to Scotland the words " as being unfit for human habitation " shall be omitted.

Schedule 11Option Mortgages: Amendments of Part II of Housing Subsidies Act 1967

1(1)In section 24 (right to opt for subsidy for certain loans in connection with dwellings) at the end of subsection (1) there shall be added the words " and

(d)the loan is not one to which a direction under subsection (3A) of this section for the time being applies ".

(2)In paragraph (c) of subsection (3) of that section (declaration by borrower as to use of land, etc.),—

(a)for the words " and the land " there shall be substituted the words

that the amount of the loan will not exceed the appropriate limit determined under section 24A of this Act and that, before the expiry of the period of 12 months beginning on the date referred to in paragraph (b) of this subsection, the land; and

(b)for the words from " being the borrower " to " one of them) ", in the second place where those words occur, there shall be substituted the words

or persons in such circumstances that the residence condition in section 24B of this Act is fulfilled;

and at the end of that paragraph there shall be added the words "and

(d)in a case where the specified person or persons named in a declaration under paragraph (c) above is, are or include the borrower or all or any of the joint borrowers, that, if the borrower or, in the case of joint borrowers, any of them is married and is not treated for income tax purposes as living apart from his spouse, the borrower or, as the case may be, each of those joint borrowers and (in either case) his spouse have signed and delivered to the lender a declaration either that there is no existing loan—

(i)the whole or any part of the interest on which is payable (whether alone or jointly with any other person) by the spouse, and

(ii)in respect of which an option notice for the time being has effect or in respect of which a claim for relief has been or is to be made under section 75 of the Finance Act 1972 (relief for payment of interest), and

(iii)which relates to, or was made with a view to the repayment of a previous loan which related to, land used wholly or mainly for the purposes of a dwelling (not being the dwelling to which the declaration under paragraph (c) above relates) which is that spouse's only or main residence or a caravan so used,

or that such a loan does exist but the spouse intends that, within the period of 12 months beginning on the date referred to in paragraph (b) above, the dwelling referred to in sub-paragraph (iii) above will cease to be the spouse's only or main residence ".

(3)At the end of subsection (3) of that section there shall be added the following paragraphs—

(viii)the taking effect of a direction under subsection (3A) of this section with respect to the loan ;

(ix)if subsection (5) of section 24B of this Act applies, the expiry of the period of one month beginning with the date on which the lender receives a notification (or, if he receives more than one notification, the first notification) under that subsection or, if he does not receive such a notification, the date on which the lender first becomes aware that the residence condition is not fulfilled as mentioned in that subsection ;

(x)if subsection (6) of section 24B of this Act applies and the lender receives a notification in accordance with that subsection, the expiry of the period of twelve months beginning with the date specified in that notification, and if that subsection applies but the lender does not receive such a notification, the expiry of the period of one month beginning with the date on which the lender first becomes aware that the residence condition is not fulfilled as mentioned in that subsection ;

(xi)if the lender becomes aware that a declaration under paragraph (c) or paragraph (d) of this subsection is false in a material particular, the expiry of the period of one month beginning with the date on which the lender first becomes so aware.

(4)After subsection (3) of that section there shall be inserted the following subsections:—

(3A)The Secretary of State may, after consultation with such qualifying lenders or bodies representative of qualifying lenders of any description as may appear to him appropriate, direct that subsidy in accordance with this Part of this Act shall not be available in the case of any loan to which the direction applies, being a loan falling within subsection (3B) below.

(3B)A loan is one in respect of which a direction may be made under subsection (3A) above if the terms of the repayment contract (as originally entered into or as subsequently varied) are such that the amount due from the borrower for any period by way of interest under the repayment contract is less than the total of the interest which accrues in respect of that period, so that part of the interest is treated as an addition to the capital outstanding or is otherwise carried forward.

(3C)In considering whether to make a direction under subsection (3A) above with respect to any loan, the Secretary of State shall follow such principles, and take account of such matters, as he may from time to time decide after the like consultation as is specified in that subsection.

(3D)A direction under subsection (3A) above may be made with respect to a particular loan or loans or any description of loans, and, in so far as the direction relates to a loan in respect of which an option notice has already been given, the direction shall specify a date (being a date after the giving of the direction) with effect from which the direction is to take effect with respect to any such loan.

(3E)Any provision of subsection (3A) or subsection (3C) above which imposes on the Secretary of State a duty to consult any persons or bodies appearing to him to be appropriate shall not be taken as implying that further consultation is required by the provision where the Secretary of State is satisfied that there was consultation before the coming into force of that subsection and in his opinion that consultation was sufficient for the purpose.

(5)In subsection (4) of that section for the words from " conditions specified in subsection (3)(c)" to the end of the subsection there shall be substituted the words

conditions specified in paragraphs (c) and (d) of subsection (3) of this section there are satisfied such other conditions as may be specified in the direction ; and where any such direction has effect in relation to an option notice, the provisions of subsections (5) and (6) of section 24B of this Act shall apply as if the reference therein to the residence condition were a reference to such a condition as may be so specified.

(6)After subsection (5) of that section there shall be inserted the following subsection:—

(5A)In the case of an option notice to which a direction under subsection (5) of this section applies, paragraph (c) of subsection (3) of this section shall have effect as if for the words from " before the expiry " to " to be occupied " there were substituted the words " the land in question is being and will continue to be used wholly or partly for the purposes of a dwelling occupied.

2After section 24 there shall be inserted the following sections:— The appropriate limit for loans.

24A(1)In relation to a loan in respect of which an option notice has been signed (in this section referred to as " the relevant loan ") the appropriate limit referred to in paragraph (c) of subsection (3) of section 24 of this Act is £25,000 reduced by the amount or, as the case may require, the aggregate amount outstanding by way of capital on the date referred to in paragraph (b) of that subsection in respect of every loan—

(a)the whole or any part of the interest on which is payable (whether alone or jointly with any other person) by the borrower who signed the declaration under the said paragraph (c) or, in the case of joint borrowers, by any of the borrowers who signed that declaration or, where that borrower or any of those joint borrowers is married and is not treated for income tax purposes as living apart from his spouse, that spouse; and

(b)which falls to be taken into account by virtue of subsection (2) below and is not to be disregarded by virtue of subsection (4) below.

(2)Subject to subsections (3) and (4) below, a loan falls to be taken into account under subsection (1) above if—

(a)it is a loan in respect of which an option notice for the time being has effect; or

(b)it is a loan to which Part I of Schedule 9 to the Finance Act 1972 (loans for purchase or improvement of land on which interest is eligible for relief in full) for the time being applies (either in respect of the whole loan or subject to any limit of amount), and the land or caravan referred to in that Part is not used in such circumstances that it falls within paragraph 4(1)(b) of Schedule 1 to the Finance Act 1974 (commercial lettings).

(3)Without prejudice to section 34(2) of this Act, the reference in subsection (2)(b) above to Schedule 9 to the Finance Act 1972 is a reference to that Schedule either as amended by Schedule 1 to the Finance Act 1974 (restrictions on relief for interest) or (if interest on the loan is excepted from section 19(3) of that Act) as originally enacted ; and in the case of a loan to which the said Schedule 9 applies as originally enacted, the reference in subsection (2)(b) above to the use of land or a caravan in circumstances falling within paragraph 4(1)(b) of the said Schedule 1 shall be construed as a reference to use which would fall within that paragraph if that Schedule applied in relation to interest on the loan in question.

(4)Notwithstanding anything in subsection (2) above, a loan (in this subsection referred to as a " previous loan ") which falls within paragraph (a) or paragraph (b) of that subsection shall be disregarded in determining the appropriate limit in relation to the relevant loan if—

(a)the relevant loan is made with a view to the repayment by means of the relevant loan of the amount outstanding on the previous loan ; or

(b)the previous loan is an existing loan which is specified in a declaration made for the purpose of satisfying, in relation to the relevant loan, the condition in section 24(3)(d) of this Act; or

(c)the previous loan was in connection with the only or main residence of a person who is, or is a qualifying relative of, the borrower or any of the joint borrowers under the relevant loan and the relevant loan is made for or in connection with any one or more of the purposes specified in section 24(1)(b) of this Act in such circumstances that the dwelling referred to in that section is to be used instead as that person's only or main residence.

(5)In any case where the option notice in respect of the relevant loan is one to which a direction under section 24(5) of this Act applies, the preceding provisions of this section shall have effect subject to such modifications as may be prescribed.

24B(1)For the purposes of this Part of this Act, the residence condition is fulfilled with respect to a dwelling to which a declaration under section 24(3)(c) of this Act relates if and so long as—

(a)the dwelling is occupied wholly or partly as his only or main residence by the borrower himself or, in the case of joint borrowers, by each of them ; or

(b)at any time when the borrower or any joint borrower does not occupy the dwelling as mentioned in paragraph (a) above, the dwelling is so occupied by a qualifying relative of his.

(2)For the purposes of this Part of this Act a person is a qualifying relative of a borrower (or a joint borrower) if he or she is—

(a)the borrower's spouse and is living apart from the borrower;

(b)the borrower's former spouse ;

(c)the mother of either the borrower or his spouse and is widowed or living apart from her husband or, in consequence of dissolution or annulment of marriage, is a single woman; or

(d)such a relative of the borrower or his spouse as is specified in subsection (3) below and is either over the age of 65 or incapacitated by infirmity from maintaining himself, in whole or in part.

(3)The relatives referred to in subsection (2)(d) above are—

(a)a parent or grandparent;

(b)a brother or sister who is over the age of 16; and

(c)a child or grandchild (in either case whether legitimate, adopted or illegitimate) who is over the age of 16.

(4)A person shall be treated for the purposes of this section as living apart from his or her spouse if he or she would be so treated for income tax purposes.

(5)If, after the delivery of a declaration under paragraph (c) of subsection (3) of section 24 of this Act (other than a declaration delivered in respect of an option notice to which a direction under subsection (5) of that section applies), the residence condition is not, within the period of 12 months specified in that paragraph, fulfilled with respect to the dwelling concerned, then, within the period of one month beginning on the day following the expiry of that period of 12 months, the borrower or, in the case of joint borrowers, each of them shall notify the lender in writing to that effect.

(6)If, at any time after—

(a)the delivery of a declaration under paragraph (c) of section 24(3) of this Act, and

(b)the residence condition has been fulfilled with respect to the dwelling concerned,

the residence condition ceases to be so fulfilled, then, within the period of one month beginning on the date on which that condition first ceased to be so fulfilled, the borrower or, in the case of joint borrowers, each of them shall notify the lender in writing of the date on which the condition ceased, and of the fact that it has ceased, to be so fulfilled.

(7)Any person who knowingly fails to notify the lender as required by subsection (5) or subsection (6) above shall, on conviction on indictment, be liable to imprisonment for a term not exceeding 2 years.

3(1)In section 26 (extension of right to opt for subsidy to certain other cases) in subsection (2)(b) after the words " this section " there shall be inserted the words

and to such modifications as may be prescribed.

(2)After subsection (4) of that section there shall be inserted the following subsection:—

(4A)In relation to a case where a self-build society, within the meaning of Part I of the Housing Act 1974, which is for the time being approved for the purposes of section 341A of the Income and Corporation Taxes Act 1970 borrows or has borrowed from a qualifying lender on the security of a freehold or leasehold estate of that society in Great Britain, the Secretary of State shall by regulations provide that this Part of this Act shall have effect with such adaptations and modifications of the provisions thereof (other than section 24(2)(b) and (c)), appearing to him to be appropriate or expedient, and subject to such special conditions appearing to him to be necessary or expedient, as may be prescribed by the regulations ; and in relation to such a society, the said section 24(2)(b) shall have effect as if—

(a)the reference therein to the Income Tax Acts included a reference to the Corporation Tax Acts ; and

(b)in sub-paragraph (ii) thereof, for the reference to income tax there were substituted a reference to corporation tax.

4In subsection (1) of section 27 (qualifying lenders) at the end of paragraph (e) there shall be inserted the following paragraph:—

(f)the Housing Corporation

and the words from " and for the purposes " to the end of the subsection shall be omitted.;

5(1)In paragraph (a) of subsection (1) of section 28 (calculation of the aggregate amount which, apart from Part II of the Housing Subsidies Act 1967, would have become due from the borrower) after the words " the aggregate sum which " there shall be inserted the words

taking account of subsection (1A) of this section but otherwise.

(2)After subsection (1) of that section there shall be inserted the following subsection:—

(1A)In any case where, under the terms of a repayment contract (as originally entered into or as subsequently varied) the amount due from the borrower for any period by way of interest under the repayment contract is less than the total of the interest which accrues in respect of that period so that part of the interest is treated as an addition to the capital outstanding or is otherwise carried forward then, for the purpose of determining the aggregate amount of the subsidy in respect of the loan, there shall be treated as becoming due from the borrower in any period the whole of the interest which accrues in that period.

6After section 28 there shall be inserted the following section:— Recovery of subsidy in certain cases.

28A(1)If a declaration under paragraph (c) or paragraph (d) of subsection (3) of section 24 of this Act is false in a material particular, the Secretary of State may recover from the borrower or, as the case may be, jointly and severally from the borrowers an amount equal to the total of the payments received by the lender by virtue of subsection (2)(a)(ii) of that section in relation to the loan in respect of which the declaration was made.

(2)If, in a case where subsection (5) of section 24B of this Act applies, the lender does not receive a notification under that subsection, the Secretary of State may recover from the borrower or, as the case may be, jointly and severally from the borrowers, an amount equal to the total of the payments received by the lender as mentioned in subsection (1) above after the expiry of the period of 2 months beginning on the day following the expiry of the period of 12 months specified in the said subsection (5).

(3)If, in a case where subsection (6) of section 24B of this Act applies, the lender does not receive a notification under that subsection, the Secretary of State may recover from the borrower or, as the case may be, jointly and severally from the borrowers, an amount equal to the total of the payments received by the lender as mentioned in subsection (1) above after the expiry of the period of 2 months beginning with the date on which the condition specified in the said subsection (6) first ceased to be fulfilled.

7At the end of section 32(1) (interpretation) there shall be inserted the following definition:— 'prescribed' means prescribed by regulations made by statutory instrument by the Secretary of State ; and a statutory instrument containing any such regulations shall be subject to annulment in pursuance of a resolution of either House of Parliament

Schedule 12Service Charges: Amendments of Sections 90 and 91 of Housing Finance Act 1972

1After section 90(1) there shall be inserted:—

(1A)A qualified accountant shall have a right of access to such accounts, receipts and other documents, and shall be entitled to require from the landlord such information and explanation,

as appear to him to be necessary to enable him to decide whether to give a certificate under subsection (1) above.

2After section 90(10) there shall be inserted:—

(10A)Where an offence under subsection (10) above 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 that offence and be liable to be proceeded against and punished accordingly.

(10B)Where the affairs of a body corporate are managed by its members, subsection (10A) above 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.

3In section 90(12):—

(a)in the definition of " landlord ", after that word there shall be inserted

includes any person who has a right to enforce payment of a service charge, and also;

(b)in the definition of " qualified accountant ", after " excludes " there shall be inserted

any person mentioned in subsection (12A) below, and also.

4After section 90(12) there shall be inserted:—

(12A)None of the following persons is a qualified accountant—

(a)an officer or employee of the landlord or, where the landlord is a company, of a company which is the landlord's holding company or subsidiary, or a subsidiary of the landlord's holding company ;

(b)a person who is a partner or employee of any such officer or employee ;

and in this subsection " holding company " and " subsidiary " have the meanings given to them by section 154 of the Companies Act 1948.

5Paragraph 2 above shall not have effect in relation to an offence committed before the coming into operation of section 124 of this Act and paragraphs 3 and 4 above shall not have effect in relation to an accounting year (within the meaning of section 90(12) of the Housing Finance Act 1972) ending before 1st August 1974.

Schedule 13Minor and Consequential Amendments

The Sheriff Courts (Scotland) Act 1907

1In the Sheriff Courts (Scotland) Act 1907, after section 38 there shall be inserted the following section— Notice of termination in respect of dwelling-houses.

38AAny notice of termination of tenancy or notice of removal given under section 37 or 38 above in respect of a dwelling-house, on or after the date of the coming into operation of section 123 of the Housing Act 1974, shall be in writing and shall contain such information as may be prescribed by virtue of section 131 of the Rent (Scotland) Act 1971, and Rule 112 of Schedule 1 to this Act shall no longer apply to any such notice under section 37 above.

The Magistrates' Courts Act 1952

2In Schedule 1 to the Magistrates' Courts Act 1952 (indictable offences by adults which may be dealt with summarily with consent of accused) the following paragraph shall be inserted after paragraph 14:—

14AOffences under section 24B(7) of the Housing Subsidies Act 1967.

The Housing Act 1957

3In section 70 of the Housing Act 1957 (provisions as to re-development, improvement or structural alteration by owners not to have effect in certain cases) in subsection (1) for the words from " clearance order " to " so confirmed " there shall be substituted the words

compulsory purchase order confirmed by the Minister.

4In section 105 of that Act (local authority's powers of dealing with land acquired for provision of housing accommodation) after subsection (4) there shall be inserted the following subsection:—

(4A)Where a local authority acquire a house or building which may be made suitable as a house (or an estate or interest therein) and, in the case of such a building, themselves carry out any necessary work as mentioned in the last foregoing subsection, they shall, as soon as practicable after the acquisition or, as the case may be, after the completion of the necessary work, secure that the house or building is used as housing accommodation.

5Section 121 of that Act (arrangements with housing associations for improvement of housing) shall cease to have effect, but without prejudice to the continuation of any arrangements made before the day appointed for the coming into operation of this paragraph.

6In section 189(1) of that Act, in the definition of " housing association" after the words " those of" there shall be inserted the word

providing

and after the word " houses " there shall be inserted the words

or hostels, as defined in section 129(1) of the Housing Act 1974.

7In Schedule 2 to that Act (payments in respect of unfit houses) in the proviso to paragraph 4(4) for the words " demolition or closing order or clearance order" there shall be substituted the words

or demolition or closing order

and in paragraph 5(1)(b) for the words " closing order or clearance order" there shall be substituted the words

or closing order.

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.

The Landlord and Tenant Act 1962

9At the end of section 6 of the Landlord and Tenant Act 1962 (interpretation) there shall be added the following subsection:—

(2)Any reference in section 2(1)(a) or section 3(1) of this Act to a person's address is a reference to his place of abode or his place of business or, in the case of a company, its registered office.

The Housing Act 1964

10(1)In section 5(1) of the Housing Act 1964 (schemes for Corporation to provide housing accommodation in place of housing society) after the words " housing society ", in the first place where they occur, there shall be inserted the words

which is not a registered housing association, within the meaning of the Housing Act 1974, and to which a loan has been made under section 2 of this Act before the operative date.

(2)In section 8 of that Act (building society advances to housing societies to which Corporation have made loans) for the words " housing society" or " housing societies", in each place where they occur, there shall be substituted respectively the words

housing associationor " housing associations ".

(3)In section 10(4) of that Act (account to be prepared of certain sums advanced to and repaid by the Corporation) after the words "this Act" there shall be inserted the words

or Part I of the Housing Act 1974.

(4)In subsection (1) of section 11 of that Act (power of Corporation to authorise Scottish Special Housing Association to act in Scotland as Corporation's agents for certain purposes) the words " section 3 " and " section 6 " shall be omitted and at the end of that subsection there shall be added the words

or under section 3(1), section 4 or section 5 of the Housing Act 1974.

(5)Section 72 of that Act (restriction on recovery of possession after making of compulsory purchase order) shall be amended as follows:—

(a)in subsection (1) in the definition of " the relevant period " the words " of twelve months", in each case where they occur, shall be omitted and after the words

making of the said order

there shall be inserted the words

and ending on the third anniversary of the date on which the order becomes operative;

(b)in subsection (2) in paragraph (a) for the words from " not exceeding" to " said compulsory purchase order" there shall be substituted the words

not extending beyond the end of the period of three years beginning on the relevant date

and in paragraph (b) for the words " twelve months " there shall be substituted the words

three years; and

(c)after subsection (2) there shall be inserted the following subsection:—

(2A)for the purposes of subsection (2) above " the relevant date " means—

(a)if the compulsory purchase order concerned has become operative before the date on which the court exercises its power under that subsection, the date on which the order became operative; and

(b)in any other case the date on which the court exercises or, as the case may be, exercised its power under paragraph (a) of that subsection in relation to the order for possession in question.

The Housing (Slum Clearance Compensation) Act 1965

11In section 2 of the Housing (Slum Clearance Compensation) Act 1965 (money borrowed by owner-occupier to purchase unfit house or on security of an unfit house) in subsection (2) for the words " closing order or clearance order " there shall be substituted the words

or closing order.

The Housing (Scotland) Act 1966

12In section 135 of the Housing (Scotland) Act 1966, the same amendments shall be made as are set out in paragraph 10(5) above with the substitution for the reference to an order for possession of a reference to a decree of removing or warrant of ejection or other like order.

13Sections 153 to 155 and 159 of the Housing (Scotland) Act 1966 shall cease to have effect.

14In section. 175 of that Act (compulsory purchase of land by Scottish Special Housing Association) in subsection (2) (power of Association to acquire land compulsorily for selling it or leasing it to' a housing society) for the words from " section 4(1) of the Housing Act 1964 " to the end of the subsection there shall be substituted the words

section 3(5) of the Housing Act 1974, acquire land compulsorily

and in subsection (3) (application of Acquisition of Land (Authorisation Procedure) (Scotland) Act 1947) after the word " and ", in the second place where it occurs, there shall be inserted the words

in relation to the exercise of the Association's powers under subsection (1) of this section.

15In section 208(1) of that Act, in the definition of "housing association" after the words " those of" there shall be inserted the word

providing

and after the words " housing accommodation " there shall be inserted the words

including hostels, as defined in section 21(4) of the Housing (Financial Provisions) (Scotland) Act 1968.

The Rent Act 1968

16In section 5(6) of the Rent Act 1968 (conditions for a housing association tenancy to be excluded from that Act) after paragraph (cc) there shall be inserted the following paragraph:—

(cc)that the dwelling was comprised in a housing project approved for the purposes of section 29 of the Housing Act 1974.

17(1)la section 57 of that Act (grant-aided improvements, etc.) in paragraph (a) of subsection (1) (amount of certain grants to be disregarded in increasing rent limit) after the words" (improvement grants and standard grants)" there shall be inserted the words

section 61 or section 65 of the Housing Act 1974 (improvement grants and intermediate grants).

(2)In subsection (2) of that section (amount of certain grants obtainable but not obtained to be disregarded in increasing rent limit) after the words " the Housing Act 1964" there shall be inserted the words

or an improvement notice within the meaning of Part VIII of the Housing Act 1974,

for the words " that Part of that Act" there shall be substituted the words

either of those Parts,

after the words " the Housing Act 1969 " there shall be inserted the words

or an intermediate grant under section 65 of the Housing Act 1974

and after the words " the standard grant" there shall be inserted the words

or intermediate grant.

The Housing (Financial Provisions) (Scotland) Act 1968

18(1)Sections 16 and 17 of the Housing (Financial Provisions) (Scotland) Act 1968 shall cease to have effect.

(2)In section 18(1) of that Act (local authority to furnish certain particulars to Secretary of State for purpose of determining the amount of certain Exchequer contributions) the words from "or any such " to " section 16 of this Act" and the words " or arrangements " shall be omitted.

The Housing Act 1969

19In section 69 of the Housing Act 1969 (repayment of certain payments made under the Housing Act 1957 or that Act), for the words " closing order or clearance order " there shall be substituted the words

or closing order.

20(1)In section 75 of that Act (power of local authority to carry out works of improvement by agreement with and at expense of owner, etc.) in subsection (1) for the words " Part I of this Act", in the first place where they occur, there shall be substituted the words

Part VII of the Housing Act 1974

and for the words " Part I of this Act", in the second place where they occur, there shall be substituted the words

that Part.

(2)In subsection (2) of that section, paragraph (b) shall be omitted and, in paragraph (c), for the words

section 27 of this Act

there shall be substituted the words

section 84 of the Housing Act 1974.

21In Schedule 5 to that Act (payments to owner-occupiers and others in respect of unfit houses purchased or demolished) in paragraph 1(1) for the words " a closing order under section 17 of that Act or a clearance order " there shall be substituted the words

or a closing order under section 17 of that Act.

The Rent (Scotland) Act 1971

22In section 5(5) of the Rent (Scotland) Act 1971 (conditions for a housing association tenancy to be excluded from that Act) after paragraph (f) there shall be inserted the following paragraph:—

(g)that the dwelling-house was comprised in a housing project approved for the purposes of section 29 of the Housing Act 1974.

The Housing (Financial Provisions) (Scotland) Act 1972

23(1)In section 23(3)(a) of the Housing (Financial Provisions) (Scotland) Act 1972 (certain buildings not to be included among those in respect of which local authority are required to keep a housing revenue account) after the words " the Act of 1968" there shall be inserted the words

or section 107 of the Housing Act 1974.

(2)In section 52 of that Act (the basic residual subsidy), at the beginning of subsection (8) (the withdrawal factor for years subsequent to 1972-73) there shall be inserted the words

Subject to subsection (9) belowand after that subsection there shall be added the following subsection:—

(9)For the year 1974-75, the withdrawal factor is zero..

(3)In section 53 of that Act (the special residual subsidy), at the beginning of subsection (9) (the reduction factor for houses completed during any specified year) there shall be inserted the words

Subject to subsection (10) belowand after that subsection there shall be added the following subsection:—

(10)For the purposes of subsections (6)(b) and (7) above the reduction factor for houses completed during the year 1972-73 or, as the case may be, 1973-74 is zero.

(4)In sections 54(1) and 55(12) of that Act (power of Secretary of State to modify basis of calculation of certain subsidies where a housing association's income for any year will be inadequate to meet the expenditure which it would be reasonable for them to incur in that year in exercise of their housing functions) after the words " will be " there shall be inserted the words

or was

and after the words "would be" there shall be inserted the words

or, as the case may be, was.

(5)In section 61(2) of that Act (rents to be registrable under Part IV of the Rent (Scotland) Act 1971) after the words " the Act of 1971 " there shall be inserted the words

(and no other provisions of that Act) shall apply to a tenancy to which the said sections 60 to 66 apply and in their application to such tenancies.

(6)After subsection (3) of section 62 of that Act (rent limit where no rent is registered) there shall be inserted the following subsection—

(3A)The reference in paragraph (b) of subsection (3) above to another tenancy includes, in addition to a tenancy to which sections 62 to 66 of this Act apply, a regulated tenancy within the meaning of the Act of 1971—

(a)which subsisted at any time after the operative date, within the meaning of the Housing Act 1974 ; and

(b)under which, immediately before it came to an end, the interest of the landlord belonged to a housing association.

(7)In section 66 of that Act (increase of rent without notice to quit) the reference to a housing association shall, on and after the operative date, be construed as not extending to an unregistered housing association unless the provisions of section 18(1)(b) or (c) of this Act apply to that association.

The Housing Finance Act 1972

24In the Housing Finance Act 1972 (in this Schedule referred to as " the 1972 Act"), in paragraph (e) of section 12(1) (with the consent of the Secretary of State, a local authority may include in their Housing Revenue Account income and expenditure in respect of houses and buildings not specifically referred to in paragraphs (a) to (d) of that section) after the word " such " there shall be inserted the word

land

and at the end of that paragraph there shall be added the words

and any consent given by the Secretary of State for the purposes of this paragraph may be given either generally to local authorities or to any local authority or description of local authority or in any particular case.

25(1)In section 28 of the 1972 Act (application for qualification certificate) in subsection (1) (application may be combined with application for a grant under Part I of the Housing Act 1969) for the words " Part I of the Housing Act 1969 " there shall be substituted the words

Part VII of the Housing Act 1974.

(2)In subsection (4) of that section (local authority need not serve notice on tenant where they approved an application for a grant under section 2(1) or section 9(1) of the Housing Act 1969 and work has been carried out) after the words " section 2(1) or section 9(1) of the Housing Act 1969 " there shall be inserted the words

or section 61(1) or section 65(1) of the Housing Act 1974.

26(1)In section 33 of the 1972 Act (if one of two conditions is satisfied, county court may by order empower landlord to carry out certain works to which tenant does not consent) in subsection (2)(a) (one of the conditions is that the works were specified in an application for a grant under Part I of the Housing Act 1969 and the application has been approved) after the words "Part I of the Housing Act 1969 " there shall be inserted the words

or Part VII of the Housing Act 1974.

(2)At the end of subsection (3) of that section (order under subsection (1) may impose conditions as to time for carrying out works) there shall be added the words

or section 82(1) of the Housing Act 1974.

27In section 34(3) of the 1972 Act (definitions for purposes of Part III of the Act: " standard amenities " has the meaning assigned to it by section 7 of the Housing Act 1969) for the words " section 7 of the Housing Act 1969" there shall be substituted the words

section 58 of the Housing Act 1974.

28In section 38(2) of the 1972 Act (section 25(1) of the Rent Act 1968, which provides for increase in recoverable rent for improvements, not to apply to improvements with respect to which a grant under Part I of the Housing Act 1969 is payable or has been paid) after the words " Part I of the Housing Act 1969 " there shall be inserted the words

or Part VII of the Housing Act 1974.

29In section 45 of the 1972 Act (protection of tenant with security of tenure where grant-aided improvement is carried out) in subsection (1) after the words "Part I of the Housing Act 1969 " there shall be inserted the words

or Part VII of the Housing Act 1974.

30In section 72 of the 1972 Act (the basic residual subsidy) at the beginning of subsection (9) (the withdrawal factor for years subsequent to 1972-73) there shall be inserted the words

Subject to subsection (10) belowand after that subsection there shall be added the following subsection:—

(10)For the year 1974-75, the withdrawal factor is zero.

31In section 73 of the 1972 Act (the special residual subsidy) at the beginning of subsection (7) (the reduction factor for dwellings completed during any specified year) there shall be inserted the words

Subject to subsection (8) belowand after that subsection there shall be added the following subsection:—

(8)For the purposes of subsections (4)(b) and (5) above, the reduction factor for dwellings completed during the year 1972-73 or, as the case may be, 1973-74 is zero.

32In sections 74(1) and 75(12) of the 1972 Act (power of Secretary of State to modify basis of calculation of certain subsidies where a housing association's income for any year will be inadequate to meet the expenditure which it would be reasonable for them to incur in that year in exercise of their housing functions) after the words " will be " there shall be inserted the words

or was

and after the words " would be " there shall be inserted the words

or, as the case may be, was.

33(1)In subsection (2) of section 82 of the 1972 Act (application of certain provisions of Part IV of Rent Act 1968 in relation to tenances to which Part VIII of the 1972 Act applies),—

(a)after the words " the following" there shall be inserted the words

and no other; and

(b)after the word " shall" there shall be inserted the words

apply in relation to tenancies to which this Part of this Act applies, and in their application to such tenancies shall.

(2)If, pursuant to an application by a local authority under section 44A of the Rent Act 1968, a rent has, at any time before the appointed day, been registered in the part of the register under Part IV of that Act which is provided for by subsection (1) of section 82 of the 1972 Act, that registration—

(a)shall be as valid as if section 44A of the Rent Act 1968 had, before the appointed day, been specified in subsection (2) of section 82 of the 1972 Act; and

(b)shall be treated on and after the appointed day as if it had been effected pursuant to an application under section 44 of the Rent Act 1968.

(3)In this paragraph "the appointed day" means the day appointed for the coming into operation of this paragraph.

34After subsection (3) of section 83 of the 1972 Act (rent limit where no rent is registered) there shall be inserted the following subsection—

(3A)The reference in paragraph (b) of subsection (3) above to another tenancy includes, in addition to a tenancy to which this Part of this Act applies, a regulated tenancy, within the meaning of the Rent Act 1968—

(a)which subsisted at any time after the operative date, within the meaning of the Housing Act 1974 ; and

(b)under which, immediately before it came to an end, the interest of the landlord belonged to a housing association.

35(1)In section 91(1) of the 1972 Act (exceptions from duty to give information about service charges) at the end of paragraph (d) there shall be added the words

which either is registered under section 13 of the Housing Act 1974 or falls within any of paragraphs (a) to (c) of section 18(1) of that Act.

(2)This paragraph shall come into operation on the operative date.

36In Schedule 1 to the 1972 Act (the Housing Revenue Account) in paragraph (d) of paragraph 1(1) (amounts to be carried to the credit of the account to include contributions towards costs of improvements and conversions) the word " or " at the end of sub-paragraph (iii) shall be omitted and, after sub-paragraph (iv), there shall be inserted the words " or

(v)section 79 of the Housing Act 1974 ".

37In Schedule 6 to the 1972 Act (restriction on rent increases) in paragraph 1(1) and, in paragraph 2, in Case F in the Table, after the words "Part I of the Housing Act 1969 " there shall be inserted the words

or Part VII of the Housing Act 1974.

The Land Compensation Act 1973

38(1)In the Land Compensation Act 1973 (in this Schedule referred to as "the 1973 Act"), in section 29 (right to home loss payment where person displaced from dwelling) subsection (1) shall be amended as follows:—

(a)at the end of paragraph (b) there shall be added the words

or the service of an improvement notice, within the meaning of Part VIII of the Housing Act 1974, in respect of the dwelling;

(b)in paragraph (c) after the words " the carrying out of " there shall be inserted the words

any improvement to the dwelling or ofand at the end of that paragraph there shall be added the following paragraph:—

(d)where the land has previously been acquired by a registered housing association, within the meaning of the Housing Act 1974, or by an unregistered housing association which falls within section 18(1)(a) of that Act, the carrying out by that association of any improvement to the dwelling or of redevelopment on the land; and

(c)for the words from " the acquiring authority" to the end of the subsection there shall be substituted the following paragraphs:—

(i)where paragraph (a) above applies, the acquiring authority;

(ii)where paragraph (b) above applies, the authority who made the order, passed the resolution, accepted the undertaking or served the notice ;

(iii)where paragraph (c) above applies, the authority carrying out the improvement or redevelopment; and

(iv)where paragraph (d) above applies, the housing association carrying out the improvement or redevelopment.

(2)After subsection (3) of that section there shall be inserted the following subsection:—

(3A)For the purposes of this section a person shall not be treated as displaced from a dwelling in consequence of the acceptance of an undertaking, of the service of such an improvement notice as is mentioned in subsection (1)(b) above or of the carrying out of any improvement to the dwelling unless he is permanently displaced from it in consequence of the carrying out of the works specified in the undertaking or notice or, as the case may be, of the improvement in question.

(3)In subsection (7) of that section for the words "or section 15(4)(i) of the said Act of 1966 " there shall be substituted the words

secton 15(4)(i) of the said Act of 1966 or section 87 of the Housing Act 1974, the words "and 'redevelopment' includes a change of use " shall be omitted and at the end of that subsection there shall be inserted the following subsection:—

(7A)In this section—

' improvement' includes alteration and enlargement; and ' redevelopment' includes a change of use.

39(1)In section 37 of the 1973 Act (disturbance payments for persons without compensatable interests) subsection (1) shall be amended—

(a)by adding, at the end of paragraph (b), the words

or the service of an improvement notice, within the meaning of Part VIII of the Housing Act 1974, in respect of a house on the land;

(b)by inserting, in paragraph (c), after the words

the carrying out ofthe words " any improvement to a house or building on the land or of " ;

(c)by adding, at the end of paragraph (c) the following paragraph:—

(d)where the land has previously been acquired by a registered housing association, within the meaning of the Housing Act 1974, or by an unregistered housing association which falls within section 18(1)(a) of that Act, the carrying out by that association of any improvement to a house or building on the land or of redevelopment on that land; and

(d)by making the like amendments as are specified, in relation to section 29(1) of that Act, in paragraph 38(1)(c) above.

(2)Subsection (3) of that section shall be amended as follows:—

(a)for the words "or redevelopment as is mentioned in paragraph (a) or (c)" there shall be substituted the words

improvement or redevelopment as is mentioned in paragraph (a), (c) or (d);

(b)for the words " or undertaking " there shall be substituted the words

undertaking or improvement notice;

(c)for the words " or the undertaking was accepted" there shall be substituted the words

the undertaking was accepted or the notice was served.

(3)After subsecton (3) of that section there shall be inserted the following subsection:—

(3A)For the purposes of subsection (1) above a person shall not be treated as displaced in consequence of the acceptance of an undertaking, of the service of such an improvement notice as is mentioned in paragraph (b) of that subsection or of the carrying out of any improvement to a house or building unless he is permanently displaced in consequence of the carrying out of the works specified in the undertaking or notice or, as the case may be, of the improvement in question.

(4)In subsection (9) of that section after the word " undertaking " there shall be inserted the word

' improvement'.

40(1)In section 39 of the 1973 Act (duty to rehouse residential occupiers) in paragraph (c) of subsection (1) after the words " the carrying out of " there shall be inserted the words

any improvement to a house or building on the land or ofand at the end of that paragraph there shall be added the following paragraph:—

(d)the service of an improvement notice, within the meaning of Part VIII of the Housing Act 1974, in respect of premises in which that accommodation is situated.

(2)In subsection (3) of that section after the word "demolition " there shall be added the words

or improvement.

(3)In subsection (6) of that section after the words " such acquisition " there shall be inserted the word

improvement,

after the words " paragraph (b) of that subsection " there shall be inserted the words

or of such an improvement notice as is mentioned in paragraph (d) of that subsection

and for the words " or the undertaking was accepted" there shall be substituted the words

the undertaking was accepted or the notice was served.

(4)After subsection (6) of that section there shall be inserted the following subsection:—

(6A)For the purposes of subsection (1) above a person shall not be treated as displaced in consequence of the acceptance of an undertaking, of the carrying out of any improvement to a house or building or of the service of such an improvement notice as is mentioned in paragraph (d) of that subsection unless he is permanently displaced from the residential accommodation in question in consequence of the carrying out of the works specified in the undertaking, the carrying out of the improvement or, as the case may be, the carrying out of the works specified in the notice.

(5)In subsection (7) of that section for the words " subsection (8)" there shall be substituted the words

subsections (8) and (8A).

(6)After subsection (8) there shall be inserted the following subsection:—

(8A)In a case where subsection (1) above applies in consequence of the acceptance of an undertaking under section 87 of the Housing Act 1974 or the service of an improvement notice within the meaning of Part VIII of that Act, the relevant authority for the purposes of this section is the authority which is the local authority, within the meaning of Part VII of that Act, in relation to the premises in which the residential accommodation is situated.

(7)In subsection (9) of that section after the word " undertaking " there shall be inserted the word

' improvement'.

41(1)In section 43 of the 1973 Act (power to defray expenses in connection with acquisition of new dwellings) in subsection (1),—

(a)for the words " any such acquisition as is mentioned in section 39(1)(a) above ", there shall be substituted the words " any of the events specified in paragraphs (a) to (d) of section 39(1) above ; and

(b)for the words " the acquiring authority" there shall be substituted the words

then, according to the nature of the event in consequence of which he was displaced, the acquiring authority, the authority who made the order, passed the resolution, accepted the undertaking or served the notice or the authority carrying out the improvement or redevelopment.

(2)In subsection (4) of that section for the words " and (6)" there shall be substituted the words

(6) and (6A)

and for the words " subsection (1)(a)" there shall be substituted the words

any provision of subsection (1).

The Land Compensation (Scotland) Act 1973

42(1)In section 27 of the Land Compensation (Scotland) Act 1973 (right to home loss payment where person displaced from dwelling), subsection (1) shall be amended as follows:—

(a)in paragraph (c) after the words " the carrying out of" there shall be inserted the words

any improvement to the dwelling or ofand at the end of that paragraph there shall be added the following paragraph:—

(d)where the land has previously been acquired by a registered housing association, within the meaning of the Housing Act 1974, the carrying out by that association of any improvement to the dwelling or of redevelopment on the land; and

(b)for the words from "the acquiring authority" to the end of the subsection there shall be substituted the following paragraphs:—

(i)where paragraph (a) above applies, the acquiring authority;

(ii)where paragraph (b) above applies, the authority who made the order, passed the resolution or accepted the undertaking;

(iii)where paragraph (c) above applies, the authority carrying out the improvement or redevelopment; and

(iv)where paragraph (d) above applies, the housing association carrying out the improvement or redevelopment.

(2)After subsection (3) of that section there shall be inserted the following subsection:—

(3A)For the purposes of this section a person shall not be treated as displaced from a dwelling in consequence of the carrying out of any improvement to the dwelling unless he is permanently displaced from it in consequence of the carrying out of the improvement in question.

(3)In subsection (7) of that section the words " and ' redevelopment ' includes a change of use " shall be omitted and at the end of that subsection there shall be inserted the following subsection:—

(7A)In this section ' improvement' includes alteration and enlargement; and ' redevelopment' includes a change of use.

43(1)In section 34 of that Act (disturbance payments for persons without compensatable interests), subsection (1) shall be amended—

(a)by inserting, in paragraph (c), after the words

the carrying out of, the words "any improvement to a house or building on the land or of " ;

(b)by adding, at the end of paragraph (c), the following paragraph:—

(d)where the land has previously been acquired by a registered housing association, within the meaning of the Housing Act 1974, the carrying out by that association of any improvement to a house or building on the land or of redevelopment on that land; and

(c)by making the like amendments as are specified, in relation to section 27(1) of that Act, in paragraph 42(1)(b) above.

(2)In subsection (3) of that section for the words " or redevelopment as is mentioned in paragraph (a) or (c)" there shall be substituted the words

improvement or redevelopment as is mentioned in paragraph (a), (c) or (d).

(3)After subsection (3) of that section, there shall be inserted the following subsection:—

(3)For the purposes of subsection (1) above a person shall not be treated as displaced in consequence of the carrying out of any improvement to a house or building unless he is permanently displaced in consequence of the carrying out of the improvement in question.

(4)In subsection (8) of that section after the word " undertaking " there shall be inserted the word

' improvement'.

44(1)In section 36 of that Act (duty to rehouse residential occupiers) in paragraph (c) of subsection (1) after the words "the carrying out of " there shall be inserted the words

any improvement to a house or building on the land or of.

(2)In subsection (3) of that section after the word " demolition " there shall be added the words

or improvement.

(3)In subsection (6) of that section after the words " such acquisition " there shall be inserted the word

improvement.

(4)In subsection (9) of that section after the word " undertaking " there shall be inserted the word

' improvement'.

45(1)In section 40 of that Act (power to defray expenses in connection with acquisition of new dwellings) in subsection (1)—

(a)for the words " any such acquisition as is mentioned in section 36(1)(a) above there shall be substituted the words

any of the events specified in paragraphs (a) to (c) of section 36(1) above; and

(b)for the words " the acquiring authority" there shall be substituted the words

then, according to the nature of the event in consequence of which he was displaced, the acquiring authority, the authority who made the order, passed the resolution or accepted the undertaking or the authority carrying out the improvement or re-development.

(2)In subsection (4) of that section for the words "subsection (1)(a) " there shall be substituted the words

any provision of subsection (1).

Local Government (Scotland) Act 1973

46(1)Section 131(3) shall cease to have effect.

(2)In Schedule 12, in paragraph 6, in the substituted section 1 for the words

sections 152 and 153

there shall be substituted the words

section 152; and paragraph 11 shall be omitted.

Schedule 14Transitional Provisions and Savings

Transitional provisions

1Notwithstanding 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 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 Housing Finance Act 1972, shall continue to apply in relation to that land as if those provisions had not been repealed.

2In 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.

3Before 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 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 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.

6Subject 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 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.

Schedule 15Enactments Repealed

ChapterShort TitleExtent of Repeal
5 & 6 Eliz. II. c. 56.The Housing Act 1957.

In section 43(1) the words from " in one or other " to " (b) ".

Sections 44 to 46.

In section 50 the words from "(a)" to "vested in the authority ".

Section 51.

Sections 53 and 54.

In section 60(1) the word " (a)" and the words from " or " to " order ".

In section 67(1) the words "a clearance order, or in ".

In section 70(2) the words " clearance or ", " clearance order or " and " as the case may be".

Section 121.

In section 159 paragraph (b)(iv).

In section 162(1) the words " or a clearance order ".

In section 163(1) the words " or a clearance order ".

In section 166(1) the words " any clearance order ".

In Schedule 2, in paragraph 4(1), paragraph (c) and the word " or " immediately preceding it, in paragraph 6(1) the words " (a)" and " or (b) a clearance order", and in paragraph 7(2) the words " clearance order ".

In Schedule 4 in paragraph 1 the words "or a clearance order" and in paragraph 5 the words " or fifty-one " and " or a clearance order ".

Schedule 5.

9 & 10 Eliz. II. c. 64.The Public Health Act 1961.In section 29(4)(b) the words " or clearance order", in both places where they occur.
9 & 10 Eliz. II. c. 65.The Housing Act 1961Section 24. Schedule 3.
1964 c. 56.The Housing Act 1964.

In section 1, in subsection (1) the words from " whose general duty " to the end of the subsection and subsection (1A).

Sections 2 to 4.

Section 6.

In section 8 subsections (6), (7) and (9).

Section 9.

In section 11(1) the words " section 3 " and " section 6 ".

In section 12, in subsection (1) the definition of " local authority " and subsection (2).

Part II.

Sections 57 and 59.

In section 72(1) the words " of twelve months " in each place where they occur.

1965 c. 56.The Compulsory Purchase Act 1965.Section 35.
1965 c. 75.The Rent Act 1965.

In section 35(5) the words

" 45(3) ". In Schedule 6, in paragraph

10(2), the words " 45(3) ".

1965 c. 81.The Housing (Slum Clearance Compensation) Act 1965.In section 1(1) the words " or clearance orders ".
1966 c. 49.The Housing (Scotland) Act 1966.Sections 153 to 155. Section 159.
1967 c. 29.The Housing Subsidies Act 1967.

Section 14.

In section 27, in subsection (1) the words from " and for the purposes " to the end of the subsection.

Schedule 2.

1968 c. 13.The National Loans Act 1968.In Schedule 1 the entries relating to subsections (1), (3) and (5) of section 9 of the Housing Act 1964.
1968 c. 23.The Rent Act 1968.In Schedule 15 in the entry relating to the Housing Act 1957 the words " 45(6) " and in the entry relating to the Housing Act 1964, the amendments of section 44(2)(a) and Schedule 2.
1968 c. 31.The Housing (Financial Provisions) (Scotland) Act 1968.

Sections 16 and 17.

In section 18(1) the words from " or any such" to " section 16 of this Act"; and the words " or arrangements ".

1969 c. 33.The Housing Act 1969.

Part I (including Schedule 1).

In section 29(2) the words "or a clearance order under Schedule 5 to that Act ".

In section 30, subsections (2) and (3).

Section 36.

In section 37(4), paragraph (b) and the word " or " immediately preceding it.

In section 40(2)(a) the words " Part I of this Act other than sections 17 to 22 ".

Section 41.

In section 69 paragraph (c) and the word " or " immediately preceding it.

In section 70 the words " section 20 or ".

Section 75(2)(b).

Sections 76 and 77.

In section 88(1) the words " Part I".

In Schedule 5, in each of paragraphs 3(1) and 5(2), the words " clearance order ".

In Schedule 8 paragraphs 25 to 28 and 31.

1971 c. 76.The Housing Act 1971.

In section 2, subsections (1) to

(3) and (5). In section 3, subsections (1) to

(3) and (5).

1972 c. 47.The Housing Finance Act 1972.

In section 11(7) the words "sections 53 and 54 (clearance orders made before 30th August 1954) and other than ".

In section 36, in subsection (1), paragraph (c) and, in subsection (2), in paragraph (c) the words " or clearance order " and " or 44 ".

Section 77.

In Schedule 1, in paragraph 1(1)(d), the word " or " at the end of sub-paragraph (iii).

In Schedule 8, paragraph 9(2).

1972 c. 70.The Local Government Act 1972.

In section 171(1) the words " section 6(4) of the Housing Act 1969 ".

In Schedule 22, in paragraph 24 the words " 26 ".

1973 c. 5.The Housing (Amendment) Act 1973.In section 1, subsections (2) to (4).
1973 c. 26.The Land Compensation Act 1973.

In section 29(7) the words " and ' redevelopment' includes a change of use ".

Section 73(2).

1973 c. 56.The Land Compensation (Scotland) Act 1973.In section 27(7) the words " and ' redevelopment' includes a change of use ".
1973 c. 65.The Local Government (Scotland) Act 1973.

Section 131(3).

In Schedule 12, paragraph 11.

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