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Housing Act 1974

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This is the original version (as it was originally enacted).

110Listed buildings subject to compulsory purchase orders under Part III of the Housing Act 1957

(1)In this section references to a compulsory purchase order are to a compulsory purchase order made (at any time before or after the coming into operation of this section) under Part III of the Housing Act 1957.

(2)Where a building to which a compulsory purchase order applies is (at any time after the making of the order) included in a list of buildings of special architectural or historic interest under section 54 of the Town and Country Planning Act 1971, the authority making the order may, subject to subsection (3) below, apply to the Secretary of State (and only to him) under section 55 of the Act of 1971 for his consent to the demolition of the building.

(3)No such application may be made by virtue of subsection (2) above after the expiry of the period of three months beginning with the date—

(a)on which the building is included in the said list, or

(b)on which this section comes into force,

whichever is the later.

(4)The following provisions of this section shall have effect where—

(a)an application for consent has been made under the said section 55, by virtue of subsection (2) above, and has been refused, or

(b)in a case falling within subsection (3) above, the period of three months has expired without the authority having made such an application,

and in this section " relevant date" means the date of the refusal or, as the case may be, of the expiry of the period of three months.

(5)If, at the relevant date—

(a)the building has not 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 building,

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

(6)Where a building, which was included in a clearance area solely by reason of its being unfit for human habitation, ceases to be comprised in the clearance area by virtue of subsection (5) above, the authority concerned shall, in respect of the building, forthwith—

(a)serve a notice under section 9 of the Act of 1957 (power of local authority to require repair of unfit houses), or

(b)make a closing order under Part II of that Act,

whichever is appropriate; and in the application of this subsection to Scotland the words from " solely " to " habitation " shall be omitted.

(7)Where subsection (5) above does not apply, the authority shall 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 building which at the relevant date has not vested in the authority 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.

(8)If the building, or any interest in the building, 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.

(9)As respects a building falling within subsection (2) above, the authority shall not serve notice to treat under section 5 of the Compulsory Purchase Act 1965 in respect of the building until after the relevant date.

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