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Housing and Planning Act 1986

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E+W+S+N.I.

Housing and Planning Act 1986

1986 CHAPTER 63

An Act to make further provision with respect to housing, planning and local inquiries; to provide financial assistance for the regeneration of urban areas; and for connected purposes.

[7th November, 1986]

Be it enacted by the Queen’s most Excellent Majesty, by and with the advice and consent of the Lords Spiritual and Temporal, and Commons, in this present Parliament assembled, and by the authority of the same, as follows:—

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Extent Information

E1For extent see s. 58(1)(2)(3).

Modifications etc. (not altering text)

C1Act modified (1.12.2008) by The Housing and Regeneration Act 2008 (Consequential Provisions) Order 2008 (S.I. 2008/3002), art. 7 (with Sch. 2) (see S.I. 2008/3068, art. 2(1)(b))

Part IE+W+S+N.I. Housing

The right to buyE+W+S

1. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F1E+W

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Amendments (Textual)

2 Discount on right to buy and similar sales.E+W

(1)In section 129 of the M1Housing Act 1985 (discount on exercise of right to buy), for subsections (1) and (2) substitute—

(1)Subject to the following provisions of this Part, a person exercising the right to buy is entitled to a discount of a percentage calculated by reference to the period which is to be taken into account in accordance with Schedule 4 (qualifying period for right to buy and discount).

(2)The discount is, subject to any order under subsection (2A)—

(a)in the case of a house, 32 per cent. plus one per cent. for each complete year by which the qualifying period exceeds two years, up to a maximum of 60 per cent. ;

(b)in the case of a flat, 44 per cent. plus two per cent. for each complete year by which the qualifying period exceeds two years, up to a maximum of 70 per cent.

(2A)The Secretary of State may by order made with the consent of the Treasury provide that, in such cases as may be specified in the order—

(a)the minimum percentage discount,

(b)the percentage increase for each complete year of the qualifying period after the first two, or

(c)the maximum percentage discount,

shall be such percentage, higher than that specified in subsection (2), as may be specified in the order.

(2B)An order—

(a)may make different provision with respect to different cases or descriptions of case,

(b)may contain such incidental, supplementary or transitional provisions as appear to the Secretary of State to be necessary or expedient, and

(c)shall be made by statutory instrument and shall not be made unless a draft of it has been laid before and approved by resolution of each House of Parliament..

F2(2). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(3)In the following provisions (which in the case of disposals at a discount require a covenant for repayment of a proportion of the discount if the dwelling-house is disposed of within five years)—

section 35(2) of the Housing Act 1985 (voluntary disposals by local authorities),

section 155(2) of that Act (disposals in pursuance of the right to buy),

section 155(3) of that Act (disposals in pursuance of the right to be granted a shared ownership lease), and

F3. . .

for “five years” substitute “three years” and for “20 per cent.” substitute “one-third”.

(4)A conveyance or lease containing the covenant required by any of the provisions mentioned in subsection (3) which was executed before the amendments made by that subsection came into force shall, provided no amount was then or had previously been payable under the covenant, have effect with such modifications as may be necessary to bring it into conformity with the amendments.

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Amendments (Textual)

F3Entry in s. 2(3) repealed (1.10.1996) by S.I. 1996/2325, art. 4(1)-(3), Sch. 1 Pt. I

Marginal Citations

3. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F4S

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Amendments (Textual)

4 Service charges and other contributions payable after exercise of right to buy.E+W

(1)In section 125 of the M2Housing Act 1985 (landlord’s notice of purchase price and other matters), for subsection (4) (notice to include estimate of amount of service charges) substitute—

(4)Where the notice states provisions which would enable the landlord to recover from the tenant—

(a)service charges, or

(b)improvement contributions,

the notice shall also contain the estimates and other information required by section 125A (service charges) or 125B (improvement contributions)..

(2)After that section insert—

125A Estimates and information about service charges.

(1)A landlord’s notice under section 125 shall state as regards service charges (excluding, in the case of a flat, charges to which subsection (2) applies)—

(a)the landlord’s estimate of the average annual amount (at current prices) which would be payable in respect of each head of charge in the reference period, and

(b)the aggregate of those estimated amounts,

and shall contain a statement of the reference period adopted for the purpose of the estimates.

(2)A landlord’s notice under section 125 given in respect of a flat shall, as regards service charges in respect of repairs (including works for the making good of structural defects), contain—

(a)the estimates required by subsection (3), together with a statement of the reference period adopted for the purpose of the estimates, and

(b)a statement of the effect of—

  • paragraph 16B of Schedule 6 (which restricts by reference to the estimates the amounts payable by the tenant), and

  • section 450A and the regulations made under that section (right to a loan in respect of certain service charges).

(3)The following estimates are required for works in respect of which the landlord considers that costs may be incurred in the reference period—

(a)for works itemised in the notice, estimates of the amount (at current prices) of the likely cost of, and of the tenant’s likely contribution in respect of, each item, and the aggregate amounts of these estimated costs and contributions, and

(b)for works not so itemised, an estimate of the average annual amount (at current prices) which the landlord considers is likely to be payable by the tenant.

125B Estimates and information about improvement contributions.

(1)A landlord’s notice under section 125 given in respect of a flat shall, as regards improvement contributions, contain—

(a)the estimates required by this section, together with a statement of the reference period adopted for the purpose of the estimates, and

(b)a statement of the effect of paragraph 16C of Schedule 6 (which restricts by reference to the estimates the amounts payable by the tenant).

(2)Estimates are required for works in respect of which the landlord considers that costs may be incurred in the reference period.

(3)The works to which the estimates relate shall be itemised and the estimates shall show—

(a)the amount (at current prices) of the likely cost of, and of the tenant’s likely contribution in respect of, each item, and

(b)the aggregate amounts of those estimated costs and contributions.

125C Reference period for purposes of ss. 125A and 125B.

(1)The reference period for the purposes of the estimates required by section 125A or 125B is the period—

(a)beginning on such date not more than six months after the notice is given as the landlord may reasonably specify as being a date by which the conveyance will have been made or the lease granted, and

(b)ending five years after that date or, where the notice states that the conveyance or lease will provide for a service charge or improvement contribution to be calculated by reference to a specified annual period, with the end of the fifth such period beginning after that date.

(2)For the purpose of the estimates it shall be assumed that the conveyance will be made or the lease granted at the beginning of the reference period on the terms stated in the notice..

(3)In section 127 of the M3Housing Act 1985 (valuation of dwelling-house for purposes of right to buy) in subsection (1) (basis of valuation), after paragraph (b) insert— , and

(c)on the assumption that any service charges or improvement contributions payable will not be less than the amounts to be expected in accordance with the estimates contained in the landlord’s notice under section 125..

(4)In Part III of Schedule 6 to the M4Housing Act 1985 (terms of lease granted in pursuance of right :to buy), after paragraph 16 insert—

Service charges and other contributions payable by the tenant

16A(1)The lease may require the tenant to bear a reasonable part of the costs incurred by the landlord—

(a)in discharging or insuring against the obligations imposed by the covenants implied by virtue of paragraph 14(2) (repairs, making good structural defects, provision of services, etc.), or

(b)in insuring against the obligations imposed by the covenant implied by virtue of paragraph 14(3) (rebuilding or reinstatement, etc.),

and to the extent that by virtue of paragraph 15(3) (effect of provision of superior lease) such obligations are not imposed on the landlord, to bear a reasonable part of the costs incurred by the landlord in contributing to costs incurred by a superior landlord or other person in discharging or, as the case may be, insuring against obligations to the like effect.

(2)Where the lease requires the tenant to contribute to the costs of insurance, it shall provide that the tenant is entitled to inspect the relevant policy at such reasonable times as may be specified in the lease.

(3)Where the landlord does not insure against the obligations imposed by the covenant implied by virtue of paragraph 14(3), or, as the case may be, the superior landlord or other person does not insure against his obligations to the like effect, the lease may require the tenant to pay a reasonable sum in place of the contribution he could be required to make if there were insurance.

(4)Where in any case the obligations imposed by the covenants implied by virtue of paragraph 14(2) or (3) are modified in accordance with paragraph 14(4) (power of county court to authorise modification), the references in this paragraph are to the obligations as so modified.

(5)This paragraph has effect subject to paragraph 16B (restrictions in certain cases as regards costs incurred in the initial period of the lease).

16B(1)Where a lease of a flat requires the tenant to pay service charges in respect of repairs (including works for the making good of structural defects), his liability in respect of costs incurred in the initial period of the lease is restricted as follows.

(2)He is not required to pay in respect of works itemised in the estimates contained in the landlord’s notice under section 125 any more than the amount shown as his estimated contribution in respect of that item, together with an inflation allowance.

(3)He is not required to pay in respect of works not so itemised at a rate exceeding—

(a)as regards parts of the initial period falling within the reference period for the purposes of the estimates contained in the landlord’s notice under section 125, the estimated annual average amount shown in the estimates;

(b)as regards parts of the initial period not falling within that reference period, the average rate produced by averaging over the reference period all works for which estimates are contained in the notice ;

together, in each case, with an inflation allowance.

(4)The initial period of the lease for the purposes of this paragraph begins with the grant of the lease and ends five years after the grant, except that—

(a)if the lease includes provision for service charges to be payable in respect of costs incurred in a period before the grant of the lease, the initial period begins with the beginning of that period :

(b)if the lease provides for service charges to be calculated by reference to a specified annual period, the initial period continues until the end of the fifth such period beginning after the grant of the lease ; and

(c)if the tenant served notice under section 142 deferring completion, the initial period ends on the date on which it would have ended if the lease had been granted on the date on which the notice was served.

16C(1)Where a lease of a flat requires the tenant to pay improvement contributions, his liability in respect of costs incurred in the initial period of the lease is restricted as follows.

(2)He is not required to make any payment in respect of works for which no estimate was given in the landlord’s notice under section 125.

(3)He is not required to pay in respect of works for which an estimate was given in that notice any more than the amount shown as his estimated contribution in respect of that item, together with an inflation allowance.

(4)The initial period of the lease for the purposes of this paragraph begins with the grant of the lease and ends five years after the grant, except that—

(a)if the lease includes provision for improvement contributions to be payable in respect of costs incurred in a period before the grant of the lease, the initial period begins with the beginning of that period ;

(b)if the lease provides for improvement contributions to be calculated by reference to a specified annual period, the initial period continues until the end of the fifth such period beginning after the grant of the lease ; and

(c)if the tenant served notice under section 142 deferring completion, the initial period ends on the date on which it would have ended if the lease had been granted on the date on which the notice was served.

16D(1)The Secretary of State may by order prescribe—

(a)the method by which inflation allowances for the purposes of paragraph 16B or 16C are to be calculated by reference to published statistics ; and

(b)the information to be given to a tenant when he is asked to pay a service charge or improvement contribution to which the provisions of paragraph 16B or 16C are or may be relevant.

(2)An order—

(a)may make different provision for different cases or descriptions of case, including different provision for different areas ;

(b)may contain such incidental, supplementary or transitional provisions as the Secretary of State thinks appropriate; and

(c)shall be made by statutory instrument which shall be subject to annulment in pursuance of a resolution of either House of Parliament..

(5)For paragraph 18 of Schedule 6 to the M5Housing Act 1985 (avoidance of certain provisions relating to service charges) substitute—

18Where the dwelling-house is a flat, a provision of the lease or of an agreement collateral to it is void in so far as it purports—

(a)to authorise the recovery of such a charge as is mentioned in paragraph 16A (contributions in respect of repairs, etc.) otherwise than in accordance with that paragraph and paragraph 16B (restrictions in initial period of lease) ; or

(b)to authorise the recovery of any charge in respect of costs incurred by the landlord—

(i)in discharging the obligations imposed by the covenant implied by paragraph 14(3) (rebuilding or reinstatement, &c.), or those obligations as modified in accordance with paragraph 14(4), or

(ii)in contributing to costs incurred by a superior landlord or other person in discharging obligations to the like effect ; or

(c)to authorise the recovery of an improvement contribution otherwise than in accordance with paragraph 16C (restrictions in initial period of lease)..

F5(6). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

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Amendments (Textual)

Marginal Citations

5 Loans in respect of service charges.E+W

In Part XIV of the Housing Act 1985 (loans for acquisition or improvement of housing), after section 450 insert—

Loans in respect of service chargesE+W
450A Right to a loan in certain cases after exercise of right to buy.

(1)The Secretary of State may by regulations provide that where—

(a)a lease of a flat has been granted in pursuance of Part V (the right to buy), and

(b)the landlord is the housing authority who granted the lease or another housing authority,

the tenant has, in such circumstances as may be prescribed, a right to a loan in respect of service charges to which this section applies.

(2)This section applies to service charges in respect of repairs (whether to the flat, the building in which it is situated or any other building or land) which are payable in the period beginning with the grant of the lease and ending with the tenth anniversary of the grant or, where the lease provides for service charges to be payable by reference to a specified annual period, with the end of the tenth such period beginning after the grant of the lease.

(3)The regulations may provide that the right—

(a)arises only in respect of so much of a service charge as exceeds a minimum qualifying amount and does not exceed a maximum qualifying amount, and

(b)does not arise unless the amount thus qualifying for a loan itself exceeds a minimum amount,

the amounts being either prescribed or ascertained in a prescribed manner.

(4)The regulations shall provide that the right is—

(a)where the landlord is a housing association, a right to an advance from the Housing Corporation, and

(b)in any other case, a right to leave the whole or part of the service charge outstanding.

(5)The regulations may, as regards the procedure for exercising the right, provide—

(a)that a demand for service charges in respect of repairs shall inform the tenant whether, in the landlord’s opinion, he is entitled to a loan and, if he is, what he must do to claim it,

(b)that the right must be claimed within a prescribed period of the demand ; and

(c)that on the right being claimed the lender shall inform the tenant of the terms of the loan and of the prescribed period within which the tenant may accept the offer.

(6)In this section—

housing authority” includes any housing association within section 80 (the landlord condition for secure tenancies) ; and

repairs” includes works for making good a structural defect.

450B Power to make loans in other cases.

(1)The Secretary of State may by regulations provide that where—

(a)a housing authority is the landlord of a flat under a long lease granted or assigned by the authority or by another housing authority, and

(b)the tenant is liable under the terms of the lease to pay service charges in respect of repairs (whether to the flat, the building in which it is situated or any other building or land),

the landlord or, where the landlord is a housing association, the Housing Corporation may, in such circumstances as may be prescribed, make a loan to the tenant in respect of the service charges.

(2)The regulations shall provide that the power is—

(a)where the landlord is a housing association, a power of the Housing Corporation to make an advance, and

(b)in any other case, a power of the landlord to leave the whole or part of the service charge outstanding.

(3)Where the tenant is entitled to a loan in pursuance of regulations under section 450A, the power conferred by regulations under this section may be exercised in respect of any part of the service charge which does not qualify for a loan under that section.

(4)In this section—

housing authority” includes any housing association within section 80 (the landlord condition for secure tenancies) : and

repairs” includes works for making good a structural defect.

(5)This section does not affect any other power of the landlord, or the Housing Corporation, to make loans.

450C Supplementary provisions as to regulations under s. 450A or 450B.

(1)This section applies to regulations under section 450A or 450B (regulations conferring right to loan, or power to make loan, in respect of service charges).

(2)The regulations may provide that the right or, as the case may be, the power does not arise in the case of any prescribed description of landlord.

(3)The regulations shall provide that the loan—

(a)in the case of a loan made in pursuance of regulations under section 450A (the right to a loan), shall be on such terms as may be prescribed, and

(b)in the case of a loan made by virtue of regulations under section 450B (power to make loan), shall be on such terms as the lender may determine subject to any provision made by the regulations ;

and shall, in either case, be secured by a mortgage of the flat in question, but may be made whether or not the flat is adequate security for the loan.

(4)The regulations may—

(a)as regards the rate of interest payable on the loan, either prescribe the rate or provide that the rate shall be such reasonable rate as may be determined by tlie lender or, where the lender is a local authority, provide that Schedule 16 applies (local authority mortgage interest rates) ;

(b)as regards administrative expenses of the lender in connection with a loan, provide that the lender may charge such expenses to the borrower, to the extent that they do not exceed such amount as may be prescribed, and that the expenses so charged may, at the option of the borrower in the case of a loan under section 450A and at the option of the lender in the case of a loan under section 450B, be added to the amount of the loan.

(5)The regulations may apply whenever the lease in question was granted or assigned and whenever the service charge in question became payable.

(6)The regulations—

(a)may make different provision for difrerent cases or descriptions of case, including different provision for different areas ;

(b)may contain such incidental, supplementary and transitional provisions as the Secretary of State considers appropriate ; and

(c)shall be made by statutory instrument which shall be subject to annulment in pursuance of a resolution of either House of Parliament..

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Commencement Information

I1S. 5 wholly in force at 13.7.1992 see s. 57(2) and S.I. 1992/1753, art. 2(1).

Other Provisions with respect to public sector housingE+W

6 Consultation before disposal to private sector landlord.E+W

(1)In Part IV of the M6Housing Act 1985 (secure tenancies and rights of secure tenants), after section 106 insert—

106A Consultation before disposal to private sector landlord.

(1)The provisions of Schedule 3A have effect with respect to the duties of—

(a)a local authority proposing to dispose of dwelling-houses subject to secure tenancies, and

(b)the Secretary of State in considering whether to give his consent to such a disposal,

to have regard to the views of tenants liable as a result of the disposal to cease to be secure tenants.

(2)In relation to a disposal to which that Schedule applies, the provisions of that Schedule apply in place of the provisions of section 105 (consultation on matters of housing management)..

(2)After Schedule 3 to the Housing Act 1985 insert as Schedule 3A the Schedule set out in Schedule 1 to this Act (consultation before disposal to private sector landlord).

(3)The amendments made by this section apply to disposals after the commencement of this section.

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Marginal Citations

7. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F6E+W

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Amendments (Textual)

8 Preservation of right to buy on disposal to private sector landlord.E+W

(1)In Part V of the M7Housing Act 1985 (the right to buy), after section 171 insert—

Preservation of right to buy on disposal to private sector landlordE+W
171A

(1)The provisions of this Part continue to apply where a person ceases to be a secure tenant of a dwelling-house by reason of the disposal by the landlord of an interest in the dwelling-house to a person who is not an authority or body within section 80 (the landlord condition for secure tenancies).

(2)In the following provisions of this Part—

(a)references to the preservation of the right to buy and to a person having the preserved right to buy are to the continued application of the provisions of this Part by virtue of this section and to a person in relation to whom those provisions so apply ;

(b)qualifying disposal” means a disposal in relation to which this section applies, and

(c)the “former secure tenant” and the “former landlord” are the persons mentioned in subsection (1).

(3)This section does not apply—

(a)where the former landlord was a person against whom the right to buy could not be exercised by virtue of paragraph 1, 2 or 3 of Schedule 5 (charities and certain housing associations), or

(b)in such other cases as may be excepted from the operation of this section by order of the Secretary of State.

(4)Orders under subsection (3)(b)—

(a)may relate to particular disposals and may make different provision with respect to different cases or descriptions of case, including different provision for different areas, and

(b)shall be made by statutory instrument which shall be subject to annulment in pursuance of a resolution of either House of Parliament.

171B Extent of preserved right ; qualifying persons and dwelling-houses.

(1)A person to whom this section applies has the preserved right to buy so long as he occupies the relevant dwelling-house as his only or principal home, subject to the following provisions of this Part.

(2)References in this Part to a “qualifying person” and “qualifying dwelling-house”, in relation to the preserved right to buy, are to a person who has that right and to a dwelling-house in relation to which a person has that right.

(3)The following are the persons to whom this section applies—

(a)the former secure tenant, or in the case of a joint tenancy, each of them ;

(b)a qualifying successor as defined in subsection (4) ; and

(c)a person to whom a tenancy of a dwelling-house is granted jointly with a person who has the preserved right to buy in relation to that dwelling-house.

(4)The following are qualifying successors for this purpose—

(a)where the former secure tenancy was not a joint tenancy, a person who, on the death of the former secure tenant, becomes by virtue of paragraph 2 or 3 of Part I of Schedule 1 to the Rent Act 1977 (surviving spouse or member of deceased tenant’s family) the statutory tenant of a dwelling-house in relation to which the former secure tenant had the preserved right to buy immediately before his death ;

(b)a person who becomes the tenant of a dwelling-house in pursuance of—

(i)a property adjustment order under section 24 of the Matrimonial Causes Act 1973, or

(ii)an order under Schedule 1 to the Matrimonial Homes Act 1983 transferring the tenancy,

in place of a person who had the preserved right to buy in relation to that dwelling-house.

(5)The relevant dwelling-house is in the first instance—

(a)in relation to a person within paragraph (a) of subsection (3), the dwelling-house which was the subject of the qualifying disposal ;

(b)in relation to a person within paragraph (b) of that subsection, the dwelling-house of which he became the statutory tenant or tenant as mentioned in subsection (4)(a) or (b) ;

(c)in relation to a person within paragraph (c) of subsection (3), the dwelling-house of which he became a joint tenant as mentioned in that paragraph.

(6)If a person having the preserved right to buy becomes the tenant of another dwelling-house in place of the relevant dwelling-house (whether the new dwelling-house is entirely different or partly or substantially the same as the previous dwelling-house) and the landlord is the same person as the landlord of the previous dwelling-house or, where that landlord was a company, is a connected company, the new dwelling-house becomes the relevant dwelling-house for the purposes of the preserved right to buy.

For this purpose “connected company” means a subsidiary or holding company within the meaning of section 736 of the Companies Act 1985.

171C Modifications of this Part in relation to preserved right.

(1)Where the right to buy is preserved, the provisions of this Part have effect subject to such exceptions, adaptations and other modifications as may be prescribed by regulations made by the Secretary of State.

(2)The regulations may in particular provide—

(a)that paragraphs 5 to 11 of Schedule 5 (certain exceptions to the right to buy) do not apply ;

(b)that the right to a mortgage is exercisable against the former landlord or, if the former landlord was a housing association, against the Housing Corporation ;

(c)that the provisions of this Part relating to the light to be granted a shared ownership lease do not apply ; and

(d)that the landlord is not required to but may include a covenant for the repayment of discount, provided its terms are no more onerous than those of the covenant provided for in section 155.

(3)The prescribed exceptions, adaptations and other modifications shall take the form of textual amendments of the provisions of this Part as they apply in cases where the right to buy is preserved ; and the first regulations, and any subsequent consolidating regulations, shall set out the provisions of this Part as they so apply.

(4)The regulations—

(a)may make different provision for different cases or descriptions of case, including different provision for different areas,

(b)may contain such incidental, supplementary and transitional provisions as the Secretary of State considers appropriate, and

(c)shall be made by statutory instrument which shall be subject to annulment in pursuance of a resolution of either House of Parliament.

171D Subsequent dealings ; disposal of landlord’s interest in qualifying dwelling-house.

(1)The disposal by the landlord of an interest in the qualifying dwelling-house, whether his whole interest or a lesser interest, does not affect the preserved right to buy, unless—

(a)as a result of the disposal an authority or body within section 80(1) (the landlord condition for secure tenancies) becomes the landlord of the qualifying person of persons, or

(b)paragraph 6 of Schedule 9A applies (effect of failure to register entry protecting preserved right to buy),

in which case the right to buy ceases to be preserved.

(2)The disposal by the landlord of a qualifying dwelling-house of less than his whole interest as landlord of the dwelling-house, or in part of it, requires the consent of the Secretary of State, unless the disposal is to the qualifying person or persons.

(3)Consent may be given in relation to a particular disposal or generally in relation to disposals of a particular description and may, in either case, be given subject to conditions.

(4)A disposal made without the consent required by subsection (2) is void, except in a case where, by reason of a failure to make the entries on the land register or land charges register required by Schedule 9A, the preserved right to buy does not bind the person to whom the disposal is made.

171E Subsequent dealings ; termination of landlord’s interest in qualifying dwelling-house.

(1)On the termination of the landlord’s interest in the qualifying dwelling-house—

(a)on the occurrence of an event determining his estate or interest, or by re-entry on a breach of condition or forfeiture, or

(b)where the interest is a leasehold interest, by notice given by him or a superior landlord, on the expiry or surrender of the term, or otherwise (subject to subsection (2)),

the right to buy ceases to be preserved.

(2)The termination of the landlord’s interest by merger on his acquiring a superior interest, or on the acquisition by another person of the landlord’s interest together with a superior interest, does not affect the preserved right to buy, unless—

(a)as a result of the acquisition an authority or body within section 80(1) (the landlord condition for secure tenancies) becomes the landlord of the qualifying person or persons, or

(b)paragraph 6 of Schedule 9A applies (effect of failure to register entry protecting preserved right to buy),

in which case the right to buy ceases to be preserved.

(3)Where the termination of the landlord’s interest as mentioned in subsection (1) is caused by the act or omission of the landlord, a qualifying person who is thereby deprived of the preserved right to buy is entitled to be compensated by him.

171F Subsequent dealings : transfer of qualifying person to alternative accomodation.

The court shall not order a qualifying person to give up possession of the qualifying dwelling-house in pursuance of section 98(1)(a) of the Rent Act 1977 (suitable alternative accommodation) unless the court is satisfied—

(a)that the preserved right to buy will, by virtue of section 171B(6) (accommodation with same landlord or connected company), continue to be exercisable in relation to the dwelling-house offered by way of alternative accommodation and that the interest of the landlord in the new dwelling-house will be—

(i)where the new dwelling-house is a house, not less than the interest of the landlord in the existing dwelling-house, or

(ii)where the new dwelling-house is a flat, not less than the interest of the landlord in the existing dwelling-house or a term of years of which 80 years or more remain unexpired, whichever is the less; or

(b)that the landlord of the new dwelling-house will be an authority or body within section 80(1) (the landlord condition for secure tenancies).

171G Land registration and related matters.

Schedule 9A has effect with respect to registration of title and related matters arising in connection with the preservation of the right to buy.

171H Disposal after notice claiming to exercise right to buy, etc.

(1)Where notice has been given in respect of a dwelling-house claiming to exercise the right to buy or the right to a mortgage and before the completion of the exercise of that right the dwelling-house is the subject of—

(a)a qualifying disposal, or

(b)a disposal to which section 171D(1)(a) or I71E(2)(a) applies (disposal to authority or body satisfying landlord condition for secure tenancies),

all parties shall, subject to subsection (2), be in the same position as if the disponee had become the landlord before the notice was given and had been given that notice and any further notice given by the tenant to the landlord and had taken all steps which the landlord had taken.

(2)If the circumstances after the disposal differ in any material respect, as for example where—

(a)the interest of the disponee in the dwelling-house after the disposal differs from that of the disponor before the disposal, or

(b)the right to a mortgage becomes exercisable against the Housing Corporation rather than the former landlord, or vice versa, or

(c)any of the provisions of Schedule 5 (exceptions to the right to buy) becomes or ceases to be applicable,

all those concerned shall, as soon as practicable after the disposal, take all such steps (whether by way of amending or withdrawing and re-serving any notice or extending any period or otherwise) as may be requisite for the purpose of securing that all parties are, as nearly as may be, in the same position as they would have been if those circumstances had obtained before the disposal..

(2)After Schedule 9 to the M8Housing Act 1985 insert as Schedule 9A the Schedule set out in Schedule 2 to this Act (land registration and related matters where right to buy preserved).

(3)The amendments made by this section apply to qualifying disposals on or after the commencement of this section.

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Marginal Citations

9 Redevelopment of dwelling-house subject to secure tenancy.E+W

(1)In Schedule 2 to the Housing Act 1985 (grounds for possession of dwelling houses let under secure tenancies), in Part II (grounds on which court may order possession if suitable alternative accommodation is available), after ground 10 (redevelopinent by landlord) insert—

Ground 10AE+W

The dwelling-house is in an area which is the subject of a redevelopment scheme approved by the Secretary of State or the Housing Corporation in accordance with Part V of this Schedule and the landlord intends within a reasonable time of obtaining possession to dispose of the dwelling-house in accordance with the scheme.

orE+W

Part of the dwelling-house is in such an area and the landlord intends within a reasonable time of obtaining possession to dispose of that part in accordance with the scheme and for that purpose reasonably requires possession of the dwelling-house..

(2)At the end of that Schedule insert—

Part VE+W Approval of Redevelopment Schemes for Purposes of Ground 10A

1(1)The Secretary of State may, on the application of the landlord, approve for the purposes of ground 10A in Part II of this Schedule a scheme for the disposal and redevelopment of an area of land consisting of or including the whole or part of one or more dwelling-houses.

(2)For this purpose—

(a)disposal” means a disposal of any interest in the land (including the grant of an option), and

(b)redevelopment” means the demolition or reconstruction of buildings or the carrying out of other works to buildings or land ;

and it is immaterial whether the disposal is to precede or follow the redevelopment.

(3)The Secretary of State may on the application of the landlord approve a variation of a scheme previously approved by him and may, in particular, approve a variation adding land to the area subject to the scheme.

2(1)Where a landlord proposes to apply to the Secretary of State for the approval of a scheme or variation it shall serve a notice in writing on any secure tenant of a dwelling-house affected by the proposal stating—

(a)the main features of the proposed scheme or, as the case may be, the scheme as proposed to be varied,

(b)that the landlord proposes to apply to the Secretary of State for approval of the scheme or variation, and

(c)the effect of such approval, by virtue of section 84 and ground 1OA in Part II of this Schedule, in relation to proceedings for possession of the dwelling-house,

and informing the tenant that he may, within such period as the landlord may allow (which shall be at least 28 days from service of the notice), make representations to the landlord about the proposal.

(2)The landlord shall not apply to the Secretary of State until it has considered any representations made to it within that period.

(3)In the case of a landlord to which section 105 applies (consultation on matters of housing management) the provisions of this paragraph apply in place of the provisions of that section in relation to the approval or variation of a redevelopment scheme.

3(1)In considering whether to give his approval to a scheme or variation the Secretary of State shall take into account, in particular—

(a)the effect of the scheme on the extent and character of housing accommodation in the neighbourhood,

(b)over what period of time it is proposed that the disposal and redevelopment will take place in accordance with the scheme, and

(c)to what extent the scheme includes provision for housing provided under the scheme to be sold or let to existing tenants or persons nominated by the landlord ;

and he shall take into account any representations made to him and, so far as they are brought to his notice, any representations made to the landlord.

(2)The landlord shall give to the Secretary of State such information as to the representations made to it, and other relevant matters, as the Secretary of State may require.

4The Secretary of State shall not approve a scheme or variation so as to include in the area subject to the scheme—

(a)part only of one or more dwelling-houses, or

(b)one or more dwelling-houses not themselves affected by the works involved in redevelopment but which are proposed to be disposed of along with other land which is so affected,

unless he is satisfied that the inclusion is justified in the circumstances.

5(1)Approval may be given subject to conditions and may be expressed to expire after a specified period.

(2)The Secretary of State, on the application of the landlord or otherwise, may vary an approval so as to—

(a)add, remove or vary conditions to which the approval is subject ; or

(b)extend or restrict the period after which the approval is to expire.

(3)Where approval is given subject to conditions, the landlord may serve a notice under section 83 (notice of proceedings for possession) specifying ground 1OA not withstanding that the conditions are not yet fulfilled but the court shall not make an order for possession on that ground unless satisfied that they are or will be fulfilled.

6Where the landlord is a registered housing association, the Housing Corporation, and not the Secretary of State, has the functions conferred by this Part of this Schedule.

7In this Part of this Schedule references to the landlord of a dwelling-house include any authority or body within section 80 (the landlord condition for secure tenancies) having an interest of any description in the dwelling-house..

(3)Section 29 of the M9Land Compensation Act 1973 (home loss payments) is amended as follows—

(a)in subsection (1) (circumstances in which, and persons by whom, payment to be made) after paragraph (d) insert—

(e)the making of an order for possession on ground 10 or 1OA in Part II of Schedule 2 to the Housing Act 1985 ; ; and

(b)in the same subsection, after paragraph (iv) insert—

(v)where paragraph (e) applies, the landlord.; and

F7(c). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(4)In section 32 of the Land Compensation Act 1973 (supplementary provisions about home loss payments), after subsection (7A) insert—

Where a landlord obtains possession by agreement of a dwelling subject to a secure tenancy within the meaning of Part IV of the Housing Act 1985 and—

(a)notice of proceedings for possession of the dwelling has been served, or might have been served, specifying ground 10 or 1OA in Part II of Schedule 2 to that Act, or

(b)the landlord has applied, or could apply, to the Secretary of State or the Housing Corporation for approval for the purposes of ground 1OA of a redevelopment scheme including the dwelling, or part of it,

the landlord may make to the person giving up possession a payment corresponding to any home loss payment which they would be required to make to him if an order for possession had been made on either of those grounds..

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Amendments (Textual)

Marginal Citations

10 Management agreements.E+W

For section 27 of the M10Housing Act 1985 (agreements with housing co-operatives), and the heading preceding it, substitute—

Management agreementsE+W
27 Management agreements.

(1)A local housing authority may, with the approval of the Secretary of State, agree that another person shall exercise as agent of the authority in relation to—

(a)such of the authority’s houses as are specified in the agreement, and

(b)any other land so specified which is held for a related purpose,

such of the authority’s management functions as are so specified.

(2)In this Act “management agreement” and “manager”, in relation to such an agreement, mean an agreement under this section and the person with whom the agreement is made.

(3)A management agreement shall set out the terms on which the authority’s functions are exercisable by the manager.

(4)A management agreement may, where the manager is a body or association, provide that the manager’s functions under the agreement may be performed by a committee or sub-committee, or by an officer, of the body or association.

(5)The Secretary of State’s approval (which may be given unconditionally or subject to conditions) is required both for the terms of the agreement and the identity of the manager.

(6)References in this section to the management functions of a local housing authority in relation to houses or land include—

(a)functions conferred by any statutory provision, and

(b)the powers and duties of the authority as holder of an estate or interest in the houses or land in question.

27A Consultation required before management agreement can be approved.

(1)A local housing authority who propose to enter into a management agreement shall serve notice in writing on the tenant of each house to which the proposal relates informing him of—

(a)such details of their proposal as the authority consider appropriate, but including the identity of the person who is to be the manager under the agreement,

(b)the likely consequences of the agreement for the tenant, and

(c)the effect of the provisions of this section,

and informing him that he may, within such reasonable period as may be specified in the notice, make representations to the authority.

(2)The authority shall consider any representations made to them within that period and shall serve a further written notice on the tenant informing him—

(a)of any significant changes in their proposal, and

(b)that he may within such period as is specified (which must be at least 28 days after the service of the notice) communicate to the Secretary of State his objection to the proposal,

and informing him of the effect of subsection (5) (approval to be withheld if majority of tenants are opposed).

(3)The Secretary of State shall not entertain an application for approval of a management agreement unless the local housing authority certify that the requirements of subsections (1) and (2) as to consultation have been complied with; and the certificate shall be accompanied by a copy of the notices given by the authority in accordance with those subsections.

(4)The Secretary of State may require the authority to carry out such further consultation with their tenants, and to give him such information as to the results of that consultation, as he may direct.

(5)The Secretary of State shall not give his approval if it appears to him that a majority of the tenants of the houses to which the agreement relates do not wish the proposal to proceed ; but this does not affect his general discretion to withhold his approval on grounds relating to whether the proposal has the support of the tenants or on any other ground.

(6)In making his decision the Secretary of State may have regard to any information available to him; and the local housing authority shall give him such information as to the representations made to them by tenants and others, and other relevant matters, as he may require.

(7)A management agreement made with the approval of the Secretary of State is not invalidated by a failure on his part or that of the local housing authority to comply with the requirements of this section.

(8)In the case of secure tenants the provisions of this section apply in place of the provisions of section 105 (consultation on matters of housing management) in relation to the making of a management agreement.

27B Agreements with housing co-operatives under superseded provisions.

(1)In this section “housing co-operative” means a society, company or body of trustees with which a housing co-operative agreement was made, that is to say—

(a)an agreement to which paragraph 9 of Schedule 1 to the Housing Rents and Subsidies Act 1975 or Schedule 20 to the Housing Act 1980 applied or,

(b)an agreement made under section 27 above before the commencement of section 10 of the Housing and Planning Act 1986 (which substituted the present section 27).

(2)A housing co-operative agreement made with a local housing authority which is in force immediately before the commencement of section 10 of the Housing and Planning Act 1986 has effect as if made under the present section 27, so that, in particular, any terms of the agreement providing for the letting of land to the housing co-operative no longer have effect except in relation to lettings made before commencement.

(3)A housing co-operative agreement made with a new town corporation or the Development Board for Rural Wales which is in force immediately before the commencement of section 10 of the Housing and Planning Act 1986 remains in force notwithstanding that the present section 27 does not apply to such authorities.

(4)In this Act (except in section 27) the expressions “management agreement” and “manager”, in relation to such an agreement, include a housing co-operative agreement to which subsection (2) or (3) applies and the housing co-operative with whom the agreement is made..

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Marginal Citations

F811 Proposals for co-operative management or ownership.E+W

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

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Amendments (Textual)

Assured tenanciesE+W

12. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F9E+W

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Amendments (Textual)

13 Other amendments relating to assured tenancies.E+W

(1)—(3). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F10

(4)In section 37 of the M11Landlord and Tenant Act 1954 (compensation where an order for new tenancy precluded on certain grounds), in subsection (2) (computation of compensation) as set out in paragraph 7 of Schedule 5 to the Housing Act 1980 (application of 1.954 Act to assured tenancies), after “be” insert “the product of the appropriate multiplier and”.

The above amendment applies notwithstanding that the application to the court under section 24 of the Landlord and Tenant Act 1954 was made before the commencement of this section, unless the application has been finally disposed of within the meaning of section 64(2) of that Act before commencement.

(5). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F11

(6)In Schedule 5 to the Housing Act 1980 (application of Landlord and Tenant Act 1954 to assured tenancies), for paragraph 8 (modification of provisions relating to contracting out) substitute—

8Section 38 applies as if the following provisions were omitted—

(a)in subsection (1), the words “(except as provided by subsection (4) of this section)” ;

(b)in subsection (2), the words from the beginning to the end of paragraph (b) ;

(c)subsections (3) and (4).

The above amendment, so far as it relates to section 38(4) of the M12Landlord and Tenant Act 1954, does not apply to an agreement both approved by the court under that provision and entered into before the commencement of this section.

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Amendments (Textual)

Marginal Citations

MiscellaneousE+W+S+N.I.

F1214. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .E+W

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Amendments (Textual)

[F1315 Grants for improvement or repair of common parts.E+W

Part XV of the M13Housing Act 1985 (grants for works of improvement, repair and conversion) is amended in accordance with Schedule 3 so as to provide for a new form of grant towards the costs of works required for the improvement or repair of the common parts of a building containing one or more flats.]

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Amendments (Textual)

Marginal Citations

16 Housing management : financial assistance etc.E+W

In Part XIII of the Housing Act 1985 (general financial provisions), after section 429 insert—

429A Housing management : financial assistance etc.

(1)The Secretary of State may, with the financial consent of the Treasury, give financial assistance—

(a)to persons managing public sector or former public sector housing, and

(b)to persons seeking to facilitate or encourage improvements in, or providing services in connection with, the management of such housing ;

and may, with the like consent, make payments otherwise than by way of financial assistance in pursuance of arrangements made with any such person.

(2)For this purpose—

(a)public sector housing” means housing accommodation in which an authority or body within section 80 (the landlord condition for secure tenancies) has an interest by virtue of which it receives a rack-rent, or would do so if the premises were let at a rack-rent; and

(b)former public sector housing” means housing accommodation in which such an authority, or a predecessor of such an authority or an authority abolished by the Local Government Act 1985 formerly had such an interest.

(3)The Secretary of State may, with the consent of the Treasury, give financial assistance—

(a)to persons providing educational or training course in housing management,

(b)to persons providing services for those providing such courses, and

(c)to persons providing financial or other assistance for those attending such courses ;

and may, with the like consent, make payments otherwise than by way of financial assistance in pursuance of arrangements made with any such person.

(4)Financial assistance given by the Secretary of State under subsection (1) or (3) may be given in any form, and may in particular be given by way of grants, loans or guarantees or by incurring expenditure for the benefit of the person assisted ; but the Secretary of State shall not in giving such assistance purchase loan or share capital in a company.

(5)Financial assistance may be given and other payments made on such terms as the Secretary of State, with the consent of the Treasury, considers appropriate ; and the terms may, in particular, include provision as to the circumstances in which the assistance or other payment must be repaid or otherwise made good to the Secretary of State and the manner in which that is to be done.

(6)A person receiving financial assistance under this section shall comply with the terms on which it is given and compliance may be enforced by the Secretary of State..

17 Matters to be taken into account in determining fair rent.E+W

(1)Section 70 of the M14Rent Act 1977 (determination of fair rent) is amended as follows.

(2)In subsection (1) (matters to be taken into account), omit the word “and” before paragraph (b) and after that paragraph insert—

, and

(c)any premium, or sum in the nature of a premium, which has been or may be lawfully required or received on the grant, renewal, continuance or assignment of the tenancy..

(3)After subsection (4) insert—

(4A)In this section “premium” has the same meaning as in Part IX of this Act, and “sum in the nature of a premium” means—

(a)any such loan as is mentioned in section 119 or 120 of this Act,

(b)any such excess over the reasonable price of furniture as is mentioned in section 123 of this Act, and

(c)any such advance payment of rent as is mentioned in section 126 of this Act..

(4)The above amendments apply to every decision made by a rent officer or rent assessment committee after the commencement of this section, notwithstanding that the application was made before commencement or, in the case of a decision of a rent assessment committee, that the rent officer’s decision was made before commencement.

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Marginal Citations

18 Further provisions with respect to shared ownership leases.E+W

The provisions of Schedule 4 have effect to exclude certain shared ownership leases from the operation of the provisions of—

(a)the M15Rent Act 1977 and the M16Rent (Agriculture) Act 1976, and

(b)Part I of the M17Leasehold Reform Act 1967 (right of long leaseholder to enfranchisement or extension of lease).

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Marginal Citations

19. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F14E+W+S

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Amendments (Textual)

[F1520 Disposal of dwellings in new towns.E+W

(1)Part III of the M18New Towns Act 1981 (transfer of new town housing to district councils), is amended as follows.

(2)After section 57 insert—

57A Savings for other powers of disposal.

The provisions of this Part as to the transfer of dwellings in a new town to a district council shall not be construed as restricting—

(a)the power of the Commission under section 36 above,

(b)The power of the development corporation under section 64 below, or

(c)the power of the Development Board for Rural Wales under section 4 of the development of Rural Wales Act 1976,

to dispose of such dwellings to any person..

(3)The following provisions (which relate to the initiation of consultations with a view to the transfer of new town housing to a district council) are repealed—

  • section 43(3) and (4),

  • section 49(b) and (c).]

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Amendments (Textual)

Marginal Citations

21 Effect of resolutions relating to housing action area or general improvement area.E+W

(1)In Part VIII of the M19Housing Act 1985 (area improvement) before section 260, under the heading “Supplementary provisions” insert—

259A Effect of resolutions relating to housing action area or general improvement area.

(1)A resolution of a local housing authority passed after the commencement of this section—

(a)declaring an area to be a housing action area, excluding land from a housing action area or declaring that an area shall cease to be a housing action area, or

(b)declaring an area to be a general improvement area, excluding land from a general improvement area or declaring that an area shall cease to be a general improvement area,

has effect, subject to subsection (2), from the day on which the resolution is passed.

(2)A resolution declaring an area to be a general improvement area may be expressed to have effect from a future date, not later than four weeks after the passing of the resolution, on which the whole or part of that area will cease to be, or be included in, a housing action area.

259B Effect of certain resolutions passed before commencement of s. 259A.

(1)Where before the commencement of section 259A a local housing authority passed a resolution of any of the descriptions mentioned in the section expressed to have effect from a date after that on which it was passed—

(a)anything done before the commencement of this section in reliance on the view that the resolution was invalid shall have effect as if the resolution had not been passed, but

(b)otherwise, the resolution shall be taken for all purposes, both before and after the commencement of this section, to have been validly passed and to have had effect from the date on which it was expressed to have had effect ;

subject to the following provisions.

(2)A person shall not be proceeded against in respect of anything done or omitted before the commencement of this section which would not have been an offence if the resolution had not been passed.

(3)Where the resolution declared a housing action area or general improvement area and, before the commencement of this section, the local housing authority passed a further resolution making the like declaration in relation to the whole or part of the area to which the first resolution then related—

(a)both resolutions are effective, notwithstanding that they relate in whole or in part to the same area ;

(b)the area covered by both resolutions is a housing action area or general improvement area by virtue of the joint effect of the two resolutions, and in the case of a housing action area shall continue to be such an area (subject to the provisions of this Part) until the end of the period of five years beginning with the date on which the second resolution was passed ;

(c)it is immaterial whether steps taken before the commencement of this section were taken in reliance on the first resolution or the second, but steps taken in reliance on the first shall not be proceeded with to the extent that they have been superseded by, or are inconsistent with, steps taken in reliance on the second ; and

(d)the areas declared by the two resolutions may be treated as one for the purposes of section 245(3) or 259(3) (limit on aggregate expenditure qualifying for contributions by Secretary of State).

(4)The provisions of subsection (3) do not affect the powers of the Secretary of State under section 241(2)(a) and (b) (power to overrule declaration of housing action area or exclude land from area) and, so far as they relate to the duration of a housing action area, have effect subject to section 241(4) (effect of Secretary of State’s decision in such a case)..

(2)In consequence of the above amendment, Part VIII of the M20Housing Act 1985 is further amended as follows—

(a)in section 239(4) (duration of housing action area), omit “beginning with the date on which the resolution is passed” ;

(b)in section 240(1) (steps to be taken after declaration of housing action area) omit “passing a resolution” ;

(c)in section 242(2) (incorporation into housing action area of land comprised in general improvement area), for “the resolution is passed declaring such an area” substitute “the area is declared” ;

(d)in section 250(1) (exclusion of land from, or termination of, housing action area), omit “on the date on which the resolution is passed” ;

(e)in section 257 (duty to publish information) for “have declared” substitute “have passed a resolution declaring” and for “assistance available” substitute “assistance which is or will be available” ;

(f)in section 258(1)(b) (resolution terminating general improvement area), for “an area to be no longer” substitute “that an area shall cease to be” ;

(g)in section 258(2) (effect of resolution excluding land from or terminating general improvement area) for “the date on which the resolution takes effect” substitute “the date on which the exclusion or cessation takes effect” and for “the exclusion or cessation” substitute “the resolution”.

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Marginal Citations

22 Agreements with certain housing bodies exempt from Consumer Credit Act 1974.E+W+S+N.I.

(1)Section 16 of the M21Consumer Credit Act 1974 (exempt agreements) is amended as follows.

(2)In subsection (1) (which enables orders to be made exempting agreements with certain descriptions of creditor), after paragraph (f) insert—

(ff)a body corporate named or specifically referred to in an order made under—

section 156(4), 444(1) or 447(2)(a) of the Housing Act 1985,

section 2 of the Home Purchase Assistance and Housing Corporation Guarantee Act 1978 or section 31 of the Tenant’s Rights, &c. (Scotland) Act 1980, or

Article 154(1)(a) or 156AA of the Housing (Northern Ireland) Order 1981 or Article 10(6A) of the Housing (Northern Ireland) Order 1983; or;

and in subsection (3) (requirements as to consultation), in paragraph (d) (consultation with responsible Minister), for “or (f)” substitute “, (f) or (ff)”.

(3)After subsection (6) insert—

(6A)This Act does not regulate a consumer credit agreement where the creditor is a housing authority and the agreement is secured by a land mortgage of a dwelling.

(6B)In subsection (6A) “housing authority” means—

(a)as regards England and Wales, an authority or body within section 80(1) of the Housing Act 1985 (the landlord condition for secure tenancies), other than a housing association or a housing trust which is a charity;

(b)as regards Scotland, a development corporation established under an order made, or having effect as if made under the New Towns (Scotland) Act 1968, the Scottish Special Housing Association or the Housing Corporation;

(c)as regards Northern Ireland, the Northern Ireland Housing Executive..

(4)The above amendments apply to agreements made after the commencement of this section.

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Marginal Citations

23 Determination of price for leasehold enfranchisement.E+W

(1)In section 9(1A) of the M22Leasehold Reform Act 1967 (determination of price payable for enfranchisement of higher value houses), in paragraph (a) (assumption that vendor is selling subject to existing tenancy) after “no right to acquire the freehold” insert “or an extended lease and, where the tenancy has been extended under this Part of this Act, that the tenancy will terminate on the original term date.”.

(2)In section 23(5) of the Leasehold Reform Act 1967 (provisions as to tenancy granted in satisfaction of tenant’s rights under Part I), in paragraph (b) (provisions which apply as if the tenancy were granted by way of extension) at the beginning insert “section 9(1) and (1A) above,”.

(3)The above amendments do not apply—

(a)where the price for enfranchisement has been determined, by agreement or otherwise, before the commencement of this section; or

(b)where the notice under section 8 of the Leasehold Reform Act 1967 (notice of desire to have the freehold) was given before the passing of this Act; or

(c)where notice under section 14 of that Act (notice of desire to have extended lease) was given before 5th March 1986.

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Marginal Citations

24 Minor and consequential amendments; repeals.E+W

(1)The enactments relating to housing are amended in accordance with Part I of Schedule 5 with respect to the following matters—

(a)the effect of a covenant for repayment of discount given on the disposal of a dwelling-house;

(b)the acquisition by an authority or body within section 80 of the M23Housing Act 1985 (the landlord condition for secure tenancies) of a dwelling-house subject to a statutory tenancy;

(c)the contents of a landlord’s notice under section 125 of that Act (notice of terms of exercise of right to buy);

(d)the steps to be taken where there is a change of landlord in the course of exercise of the right to buy;

(e)the deferment of completion in pursuance of the right to buy;

(f)the maximum penalty for voting in contravention of section 618(3) of the M24Housing Act 1985 (member of Common Council or committee voting on matter in which he is interested);

(g)the withholding of consent to the assignment by way of exchange of a secure tenancy of a dwelling-house managed by a certain description of housing association;

(h)grants for affording tax relief to housing associations;

(i)the recovery of service charges in respect of the cost of grant-aided works;

(j)miscellaneous corrections.

(2)Part II of Schedule 5 contains amendments consequential on the provisions of this Part.

(3)The enactments specified in Part I of Schedule 12 are repealed to the extent specified.

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Commencement Information

I2S. 24 partly in force; s. 24(1)(j) in force at Royal Assent see s. 57(1); for comencement orders prior to 1.2.1991 see s. 57(2); s. 24(2) in force in so far as it relates to specified provisions of Sch. 5 at 17.8.1992 by S.I. 1992/1753, art. 2(2).

Marginal Citations

Part IIE+W+S Simplified Planning Zones

25. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F16E+W

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Amendments (Textual)

ScotlandS

F1726. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .S

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Amendments (Textual)

F17S. 26 repealed (27.5.1997) by 1997 c. 11, ss. 3, 6(2), Sch. 1 Pt. I (with s. 5, Sch. 3)

F18Part IIIE+W+S

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Amendments (Textual)

F18Pt. III (ss. 27-29) repealed (24.9.1996) by 1996 c. 53, ss. 147, 150(2), Sch. 3 Pt. III

27. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

28. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

29. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Part IVE+W+S Hazardous Substances

30–34. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F20E+W

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Amendments (Textual)

ScotlandS

F2135. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .S

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Amendments (Textual)

F21S. 35 repealed (27.5.1997) by 1997 c. 11, ss. 3, 6(2), Sch. 1 Pt. I (with s. 5, Sch. 3)

F2236. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .S

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Amendments (Textual)

F22S. 36 repealed (27.5.1997) by 1997 c. 11, ss. 3, 6(2), Sch. 1 Pt. I (with s. 5, Sch. 3)

F2337. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .S

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Amendments (Textual)

F23S. 37 repealed (27.5.1997) by 1997 c. 11, ss. 3, 6(2), Sch. 1 Pt. I (with s. 5, Sch. 3)

F2438. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .S

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Amendments (Textual)

F24S. 38 repealed (27.5.1997) by 1997 c. 11, ss. 3, 6(2), Sch. 1 Pt. I (with s. 5, Sch. 3)

Part VE+W+S Opencast Coal

39 Abolition of Secretary of State’s power to authorise opencast working, &c.E+W+S

(1)The following provisions of the M25Opencast Coal Act 1958 (“the 1958 Act”) shall cease to have effect—

(a)sections 1 and 2 (authorisation by Secretary of State of opencast working of coal and associated provisions); and

(b)section 9(2) (buildings on land comprised in a compulsory rights order),

but this subsection does not affect a direction given under section 2 of the 1958 Act before the day on which the repeal of that section by paragraph (a) above comes into operation, and any repeal by this Act of an enactment which relates to directions under section 2 of the 1958 Act shall have no effect in relation to directions whose effect is continued by this subsection.

(2)The repeal of section 2(4) of the 1958 Act shall not prevent the felling of a tree that could not have been felled but for paragraph (a) of that subsection (which negatived tree preservation orders).

(3)The 1958 Act shall have effect with the amendments specified in Part I of Schedule 8 to this Act and section 29 of the M26Acquisition of Land Act 1981 shall have effect with the amendments specified in Part II of that Schedule.

(4)The enactments specified in Part II of Schedule 12 to this Act (which include enactments already obsolete or unnecessary) are repealed to the extent specified in the third column of that Schedule.

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Marginal Citations

Part VIE+W+S Miscellaneous Provisions

England and WalesE+W

40 Listed buildings and conservation areas.E+W

The enactments relating to listed buildings and conservation areas are amended in accordance with Part I of Schedule 9 with respect to the following matters—

(a)the treatment of free-standing objects and structures within the curtilage of a listed building;

(b)the scope of the exception for urgent works to a listed building;

(c)the grant of listed building consent subject to the subsequent approval of detail;

(d)applications for the variation or discharge of conditions attached to listed building consent;

(e)the extent of the exemption accorded to ecclesiastical buildings;

(f)dangerous structure orders in respect of listed buildings;

(g)the power of a local authority, the Secretary of State or the Historic Buildings and Monuments Commission for England to carry out urgent works for the preservation of a building;

(h)the control of demolition in a conservation area;

(i)the form of an application for listed building consent; and

(j)the powers of the Secretary of State with respect to applications for listed building consent.

41. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F25E+W

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Amendments (Textual)

42 Recovery of Minister’s costs in connection with inquiries.E+W

(1)The following provisions of this section apply where a Minister is authorised under or by virtue of any of the following statutory provisions to recover costs incurred by him in relation to an inquiry—

(a)section 250(4) of the M27Local Government Act 1972 (general provision as to costs of inquiries),

F26(b). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(c)section 129(1)(d) of the M28Road Traffic Regulation Act 1984 (costs of inquiry under that Act),

(d). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F27

(e)any other statutory provision to which this section is applied by order of the Minister.

(2)What may be recovered by the Minister is the entire administrative cost of the inquiry, so that, in particular—

(a)there shall be treated as costs incurred in relation to the inquiry such reasonable sum as the Minister may determine in respect of the general staff costs and overheads of his department, and

(b)there shall be treated as costs incurred by the Minister holding the inquiry any costs incurred in relation to the inquiry by any other Minister or government department and, where appropriate, such reasonable sum as that Minister or department may determine in respect of general staff costs and overheads.

(3)The cost of an inquiry which does not take place may be recovered by the Minister from any person who would have been a party to the inquiry to the same extent, and in the same way, as the cost of an inquiry which does take place.

(4)The Minister may by regulations prescribe for any description of inquiry a standard daily amount and where an inquiry of that description does take place what may be recovered is—

(a)the prescribed standard amount in respect of each day (or an appropriate proportion of that amount in respect of a part of a day) on which the inquiry sits or the person appointed to hold the inquiry is otherwise engaged on work connected with the inquiry,

(b)costs actually incurred in connection with the inquiry on travelling or subsistence allowances or the provision of accommodation or other facilities for the inquiry,

(c)any costs attributable to the appointment of an assessor to assist the person appointed to hold the inquiry, and

(d)any legal costs or disbursements incurred or made by or on behalf of the Minister in connection with the inquiry.

(5)An order or regulations under this section shall be made by statutory instrument which shall be subject to annulment in pursuance of a resolution of either House of Parliament.

(6)An order applying this section to a statutory provision may provide for the consequential repeal of so much of that provision, or any other provision, as restricts the sum recoverable by the Minister in respect of the services of any officer engaged in the inquiry or is otherwise inconsistent with the application of the provisions of this section.

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Amendments (Textual)

Modifications etc. (not altering text)

C3S. 42 applied (1.12.1991) by Land Drainage Act 1991 (c. 59, SIF 73:1), ss. 69(7), 76(2).

S. 42: functions shall be exercisable by the Assembly concurrently with any Minister of the Crown (16.2.2000) by S.I. 2000/253, art. 2, Sch. 1

C4S. 42 applied by 1990 c. 8, s. 322(1D) (as inserted (1.10.2013) by Growth and Infrastructure Act 2013 (c. 27), ss. 2(2), 35(1); S.I. 2013/2143, art. 2(b))

C5S. 42 applied by 1990 c. 8, s. 322A(5) (as inserted (1.10.2013) by Growth and Infrastructure Act 2013 (c. 27), ss. 2(3), 35(1); S.I. 2013/2143, art. 2(b))

C6S. 42(2) applied by 1981 c. 67, s. 13B(6) (as inserted (6.8.2004 for specified purposes, 31.10.2004 in so far as not already in force) by Planning and Compulsory Purchase Act 2004 (c. 5), s. 100(6) (with s. 100(8)); S.I. 2004/2097, art. 2; S.I. 2004/2593, art. 2(a))

Marginal Citations

43 Compulsory acquisition of land on behalf of parish or community councils. E+W

For section 125 of the M29Local Government Act 1972 (compulsory acquisition of land on behalf of parish or community councils) substitute—

125 Compulsory acquisition of land on behalf of parish or community councils.

(1)If a parish or community council are unable to acquire by agreement under section 124 above and on reasonable terms suitable land for a purpose for which they are authorised to acquire land other than—

(a)the purpose specified in section 124(1)(b) above, or

(b)a purpose in relation to which the power of acquisition is by an enactment expressly limited to acquisition by agreement,

they may represent the case to the council of the district in which the parish or community is situated.

(2)If the district council are satisfied that suitable land for the purpose cannot be acquired on reasonable terms by agreement, they may be authorised by the Secretary of State to purchase compulsorily the land or part of it; and the Acquisition of Land Act 1981 shall apply in relation to the purchase.

(3)The district council in making and the Secretary of State in confirming an order for the purposes of this section shall have regard to the extent of land held in the neighbourhood by an owner and to the convenience of other property belonging to the same owner and shall, as far as practicable, avoid taking an undue or inconvenient quantity of land from any one owner.

(4)The order shall be carried into effect by the district council but the land when acquired shall be conveyed to the parish or community council; and accordingly in construing for the purposes of this section and of the order any enactment applying in relation to the compulsory acquisition, the parish or community council or the district council, or the two councils jointly, shall, as the case may require, be treated as the acquiring authority.

(5)The district council may recover from the parish or community council the expenses incurred by them in connection with the acquisition of land under this section.

(6)If a parish or community council make representations to a district council with a view to the making of an order under this section and the district council—

(a)refuse to make an order, or

(b)do not make an order within 8 weeks from the making of the representations or such longer period as may be agreed between the two councils,

the parish or community council may petition the Secretary of State who may make the order, and this section and the provisions of the Acquisition of Land Act 1981 shall apply as if the order had been made by the district council and confirmed by the Secretary of State.

(7)In the application of this section to a parish or community council for a group of parishes or communities—

(a)references to the parish or community shall be construed as references to the area of the group, and

(b)if different parts of the area of the group lie in different districts, references to the council of the district in which the parish or community is situated shall be construed as references to the councils of each of the districts acting jointly..

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Modifications etc. (not altering text)

C7S. 43 restricted by S.I. 1990/614, art. 3

Marginal Citations

44. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F28E+W

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Amendments (Textual)

F28S. 44 repealed by Electricity Act 1989 (c. 29, SIF 44:1), s. 112(4), Sch. 18 (with s. 112(3), Sch. 17 para. 35(1) )

45, 46.. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F29E+W

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Amendments (Textual)

F3047 Areas which may be designated urban development areas.E+W

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

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Amendments (Textual)

48 Repeal of unnecessary enactments.E+W

(1)The following enactments are repealed—

(a)section 52 of the M30Requisitioned Land and War Works Act 1945 and paragraph 10 of the Schedule to the M31Requisitioned Land and War Works Act 1948 (reimbursement of expense of restoring land affected by war works, &c.);

(b)sections 66 to 72 of the M32Town and Country Planning Act 1971 (special control over industrial development);

(c)sections 250 to 252 of that Act (grants to local authorities for development of land, &c.).

(2)The repeal does not affect the operation—

(a)of section 52 of the Requisitioned Land and War Works Act 1945 or paragraph 10 of the Schedule to the Requisitioned Land and War Works Act 1948 in relation to undertakings given before the repeal;

(b)of sections 250 to 252 of the 1971 Act in relation to land for which approval for the purposes of regulations under section 250 was sought before 1st April 1986.

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Marginal Citations

49 Minor and consequential amendments; repeals.E+W

(1)The Town and Country Planning Act 1971, and certain related enactments, are amended in accordance with Part I of Schedule 11 with respect to the following matters—

(a)the operation of the Use Classes Order on the subdivision of the planning unit;

(b)the provision which may be made by development orders;

(c)the construction of references to certain documents relating to access for the disabled;

(d)applications to vary or revoke conditions attached to planning permission;

(e)the procedure on appeals and applications disposed of without a local inquiry or hearing;

(f)purchase notices;

(g)local inquiries;

(h)the determination of appeals by inspectors; and

(i)daily penalties for offences;

and that Part also contains amendments consequential on the provisions of this Part.

(2)The enactments specified in Part III of Schedule 12 are repealed to the extent specified.

ScotlandS

F3150. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .S

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Amendments (Textual)

F31S. 50 repealed (27.5.1997) by 1997 c. 11, ss. 3, 6(2), Sch. 1 Pt. I (with s. 5, Sch. 3)

F3251. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .S

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Amendments (Textual)

F32S. 51 repealed (27.5.1997) by 1997 c. 11, ss. 3, 6(2), Sch. 1 Pt. I (with s. 5, Sch. 3)

F3352 Termination of grants for redevelopment etc.S

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

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Amendments (Textual)

53 Minor and consequential amendments; repeals.S

F34(1). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(2)The enactments mentioned in Part IV of Schedule 12 to this Act are repealed to the extent specified.

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Amendments (Textual)

Commencement Information

I3S. 53(1)(2) partly in force; s. 53(1)(2) not in force at Royal Assent see s. 57(1)-(3); s. 53(1)(2) in force for specified purposes at 1.6.1996 by S.I. 1996/1276, art. 2

Provisions common to England and Wales and ScotlandE+W+S

F3554 Effect of modification or termination of enterprise zone scheme.E+W+S

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

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Amendments (Textual)

55 Discrimination in exercise of planning functions.E+W+S

— In Part III of the M33 Race Relations Act 1976 (discrimination in fields other than employment), after section 19 insert—

19A Discrimination by planning authorities.

(1)It is unlawful for a planning authority to discriminate against a person in carrying out their planning functions.

(2)In this section “planning authority” means—

(a)in England and Wales, a county, district or London borough council, a joint planning board, a special planning board or a National Park Committee, and

(b)in Scotland, a planning authority or regional planning authorit,

and includes an urban development corporation and a body having functions (whether as an enterprise zone authority or a body invited to prepare a scheme) under Schedule 32 to the Local Government, Planning and Land Act 1980.

(3)In this section “planning functions” means—

(a)in England and Wales, functions under the Town and Country Planning Act 1971, and such other functions as may be prescribed, and

(b)in Scotland, functions under the Town and Country Planning (Scotland) Act 1972 or Part IX of the Local Government (Scotland) Act 1973, and such other functions as may be prescribed,

and includes, in relation to an urban development corporation, planning functions under Part XVI of the Local Government, Planning and Land Act 1980 and, in relation to an enterprise zone authority or body invited to prepare an enterprise zone scheme, functions under Part XVIII of that Act..

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Marginal Citations

Part VIIE+W+S+N.I. General Provisions

56 Financial provisions.E+W+S+N.I.

(1)There shall be paid out of money provided by Parliament any expenses of the Secretary of State under this Act and any increase attributable to this Act in the sums so payable under any other enactment.

(2)Any sums received by the Secretary of State under this Act shall be paid into the Consolidated Fund.

(3)There shall be paid out of or into the Consolidated Fund or the National Loans Fund any increase attributable to this Act in the sums so payable under any other enactment.

57 Commencement.E+W+S+N.I.

(1)The following provisions of this Act come into force on the day this Act is passed—

  • section 21 (effect of resolutions relating to housing action area or general improvement area);

  • section 24(1)(j), paragraphs 10 to 13 of Schedule 5, the repeals specified in the first part of Part I of Schedule 12 and section 24(3) so far as relating to those repeals (miscellaneous corrections);

  • section 52 (termination of grants for redevelopment in Scotland);

  • this Part.

(2)The other provisions of this Act come into force on such day as may be appointed by the Secretary of State by order made by statutory instrument and—

(a)different days may be appointed for different provisions or different purposes; and

(b)an order may make such transitional provision as the Secretary of State thinks appropriate.

(3)For the purpose of any transitional provision in this Act or an order which refers to the date of service of a notice under the M34Housing Act 1985, no account shall be taken of any steps taken under section 177 of that Act (amendment or withdrawal and re-service of notice to correct mistakes).

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Subordinate Legislation Made

P1S. 57(2) power partly exercised (11.7.1992); different dates appointed for specified provisions by S.I. 1992/1753, art. 2 (with transitional provisions)

Modifications etc. (not altering text)

C8Power of appointment conferred by s. 57(2) partly exercised by S.I. 1986/2262, 1987/304, 348, 754, 1554, 1607, 1759, 1939, 2277, 1988/283, 1787, 1989/430, 1990/511, 614, 797

Marginal Citations

58 Extent.E+W+S+N.I.

(1)The following provisions of this Act extend to England and Wales—

  • Part I (housing), except section 3, paragraphs 10(7), 14 and 17 of Schedule 5 and the associated repeals in Part I of Schedule 12;

  • . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F36;

  • F37. . .

  • . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F36;

  • Part V (opencast coal);

  • in Part VI (miscellaneous provisions), sections 40 to 49, 54 and 55, Part I of Schedule 9, F38... Part I of Schedule 11 and Part III of Schedule 12;

  • this Part.

(2)The following provisions of this Act extend to Scotland—

  • in Part I (housing), sections 3, 19 and 22, paragraphs 8, 10(7), 13, 14, 17, 18 and 42 of Schedule 5 and the associated repeals in Part I of Schedule 12;

  • F39. . .

  • F37. . .

  • F39. . .

  • Part V (opencast coal), except so far as it repeals enactments which extend to England and Wales only;

  • in Part VI (miscellaneous provisions), sections 50 to 55, F39. . ., F40... and Part IV of Schedule 12;

  • this Part.

(3)The following provisions of this Act extend to Northern Ireland—

  • section 22 (amendments of Consumer Credit Act 1974), paragraph 18 of Schedule 5 (amendment relating to stamp duty),

  • this Part.

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Amendments (Textual)

F37Words in s. 58(1)(2) repealed (24.9.1996) by 1996 c. 53, ss. 147, 150(2), Sch. 3 Pt. III

F39Words in s. 58(2) repealed (27.5.1997) by 1997 c. 11, ss. 3, 6(2), Sch. 1 Pt. I (with s. 5, Sch. 3)

59 Short title.E+W+S+N.I.

This Act may be cited as the Housing and Planning Act 1986.

SCHEDULES

Section 6(2).

SCHEDULE 1E+W Schedule to be Inserted in the Housing Act 1985

Schedule 3AE+W Consultation before Disposal to Private Sector Landlord

Disposals to which this Schedule appliesE+W

1(1)This Schedule applies to the disposal by a local authority of an interest in land as a result of which a secure tenant of the authority will become the tenant of a private sector landlord.

(2)For the purposes of this Schedule the grant of an option which if exercised would result in a secure tenant of a local authority becoming the tenant of a private sector landlord shall be treated as a disposal of the interest which is the subject of the option.

(3)Where a disposal of land by a local authority is in part a disposal to which this Schedule applies, the provisions of this Schedule apply to that part as to a separate disposal.

(4)In this paragraph “private sector landlord” means a person other than an authority or body within section 80 (the landlord condition for secure tenancies).

Application for Secretary of State’s consentE+W

2(1)The Secretary of State shall not entertain an application for his consent to a disposal to which this Schedule applies unless the authority certify either—

(a)that the requirements of paragraph 3 as to consultation have been complied with, or

(b)that the requirements of that paragraph as to consultation have been complied with except in relation to tenants expected to have vacated the dwelling-house in question before the disposal;

and the certificate shall be accompanied by a copy of the notices given by the authority in accordance with that paragraph.

(2)Where the certificate is in the latter form, the Secretary of State shall not determine the application until the authority certify as regards the tenants not originally consulted—

(a)that they have vacated the dwelling-house in question, or

(b)that the requirements of paragraph 3 as to consultation have been complied with;

and a certificate under sub-paragraph (b) shall be accompanied by a copy of the notices given by the authority in accordance with paragraph 3.

(3)References in this Schedule to the Secretary of State’s consent to a disposal are to the consent required by section 32 or 43 (general requirement of consent for disposal of houses or land held for housing purposes).

Requirements as to consultationE+W

3(1)The requirements as to consultation referred to above are as follows.

(2)The authority shall serve notice in writing on the tenant informing him of—

(a)such details of their proposal as the authority consider appropriate, but including the identity of the person to whom the disposal is to be made,

(b)the likely consequences of the disposal for the tenant, and

(c)the effect of the provisions of this Schedule and of sections 171A to 171H (preservation of right to buy on disposal to private sector landlord),

and informing him that he may, within such reasonable period as may be specified in the notice, make representations to the authority.

(3)The authority shall consider any representations made to them within that period and shall serve a further written notice on the tenant informing him—

(a)of any significant changes in their proposal, and

(b)that he may within such period as is specified (which must be at least 28 days after the service of the notice) communicate to the Secretary of State his objection to the proposal,

and informing him of the effect of paragraph 5 (consent to be withheld if majority of tenants are opposed).

Power to require further consultationE+W

4The Secretary of State may require the authority to carry out such further consultation with their tenants, and to give him such information as to the results of that consultation, as he may direct.

Consent to be withheld if majority of tenants are opposedE+W

5(1)The Secretary of State shall not give his consent if it appears to him that a majority of the tenants of the dwelling-houses to which the application relates do not wish the disposal to proceed; but this does not affect his general discretion to refuse consent on grounds relating to whether a disposal has the support of the tenants or on any other ground.

(2)In making his decision the Secretary of State may have regard to any information available to him; and the local authority shall give him such information as to the representations made to them by tenants and others, and other relevant matters, as he may require.

Protection of purchasersE+W

6The Secretary of State’s consent to a disposal is not invalidated by a failure on his part or that of the local authority to comply with the requirements of this Schedule.

Section 8(2).

SCHEDULE 2E+W Schedule to be Inserted in the Housing Act 1985

Schedule 9AE+W Land Registration and Related Matters where Right to Buy Preserved

Statement to be contained in instrument effecting qualifying disposalE+W

1On a qualifying disposal, the disponor shall secure that the instrument effecting the disposal—

(a)states that the disposal is, so far as it relates to dwelling-houses occupied by secure tenants, a disposal to which section 171A applies (preservation of right to buy on disposal to private landlord), and

(b)lists, to the best of the disponor’s knowledge and belief, the dwelling-houses to which the disposal relates which are occupied by secure tenants.

Registration of title on qualifying disposalE+W

2(1)Where on a qualifying disposal the disponor’s title to the dwelling-house is not registered, section 123 of the M35Land Registration Act 1925 (compulsory registration of title) applies—

(a)whether or not the dwelling-house is in an area in which an Order in Council under section 120 of that Act (areas of compulsory registration) is in force, and

(b)whether or not, where the disposal takes the form of the grant or assignment of a lease, the lease is granted for a term of more than 21 years or, as the case may be, is a lease for a term of which more than 21 years are unexpired.

(2)In such a case the disponor shall give the disponee a certificate stating that the disponor is entitled to effect the disposal subject only to such incumbrances, rights and interests as are stated in the instrument effecting the disposal or summarised in the certificate.

(3)Where the disponor’s interest in the dwelling-house is a lease, the certificate shall also state particulars of the lease and, with respect to each superior title—

(a)where it is registered, the title number;

(b)where it is not registered, whether it was investigated in the usual way on the grant of the disponor’s lease.

(4)The certificate shall be—

(a)in a form approved by the Chief Land Registrar, and

(b)signed by such officer of the disponor or such other person as may be approved by the Chief Land Registrar,

and the Chief Registrar shall, for the purpose of registration of title, accept the certificate as sufficient evidence of the facts stated in it.

3Where a qualifying disposal takes the form of the grant or assignment of a lease, sections 8 and 22 of the M36Land Registration Act 1925 (application for registration of leasehold land and registration of dispositions of leasehold) apply notwithstanding that it is a lease for a term of which not more than 21 years are unexpired or, as the case may be, a lease granted for a term not exceeding 21 years; and accordingly section 70(1)(k) of that Act (leases which are overriding interests) does not apply.

Entries on register protecting preserved right to buyE+W

4The Chief Land Registrar on application being made for registration of a disposition of registered land or, as the case may be, of the disponee’s title under a disposition of unregistered land, shall, if the instrument effecting the disposal contains the statement required by paragraph 1, enter in the register—

(a)a notice protecting the rights of qualifying persons under this Part in relation to dwelling-houses comprised in the disposal, and

(b)a restriction stating the requirement of consent under section 171D(2) for certain subsequent disposals of the landlord’s interest.

Change of qualifying dwelling-houseE+W

5(1)This paragraph applies where by virtue of section 171B(6) a new dwelling-house becomes the qualifying dwelling-house which—

(a)is entirely different from the previous qualifying dwelling-house, or

(b)includes new land,

and applies to the new dwelling-house or the new land, as the case may be.

(2)If the landlord’s title is registered, the landlord shall apply for the entry on the register of—

(a)a notice protecting the rights of the qualifying person or persons under the provisions of this Part, and

(b)a restriction stating the requirement of consent under section 171D(2) for certain disposals of the landlord’s interest.

(3)A qualifying person may apply for the entry of such a notice and restriction and section 64(1) of the Land Registration Act 1925 (production of land certificate) does not apply to the entry of a notice or restriction on such an application; but without prejudice to the power of the Chief Land Registrar to call for the production of the certificate by the landlord.

(4)If the landlord’s title is not registered, the rights of the qualifying person or persons under the provisions of this Part are registrable under the M37Land Charges Act 1972 in the same way as an estate contract and the landlord shall, and a qualifying person may, apply for such registration.

Effect of non-registrationE+W

6(1)The rights of a qualifying person under this Part in relation to the qualifying dwelling-house—

(a)shall be treated as interests to which sections 20 and 23 of the M38Land Registration Act 1925 apply (under which the transferee or grantee under a registered disposition takes free from estates and interests which are not protected on the register and are not overriding interests), and

(b)shall not be treated as overriding interests for the purposes of that Act, notwithstanding that the qualifying person is in actual occupation of the land.

(2)Where by virtue of paragraph 5(4) the rights of a qualifying person under this Part in relation to the qualifying dwelling-house are registrable under the M39Land Charges Act 1972 in the same way as an estate contract, section 4(6) of that Act (under which such a contract may be void against a purchaser unless registered) applies accordingly, with the substitution for the reference to the contract being void of a reference to the right to buy ceasing to be preserved.

Statement required on certain disposals on which right to buy ceases to be preservedE+W

7(1)A conveyance of the freehold or grant of a lease of the qualifying dwelling-house to a qualifying person in pursuance of the right to buy shall state that it is made in pursuance of the provisions of this Part as they apply by virtue of section 171A (preservation of the right to buy).

(2)Where on a conveyance of the freehold or grant of a lease of the qualifying dwelling-house to a qualifying person otherwise than in pursuance of the right to buy the dwelling-house ceases to be subject to any rights arising under this Part, the conveyance or grant shall contain a statement to that effect.

(3)Where on a disposal of an interest in a qualifying dwelling-house the dwelling-house ceases to be subject to the rights of a qualifying person under this Part by virtue of section 171D(1)(a) or 171E(2)(a) (qualifying person becoming tenant of authority or body satisfying landlord condition for secure tenancies), the instrument by which the disposal is effected shall state that the dwelling-house ceases as a result of the disposal to be subject to any rights arising by virtue of section 171A (preservation of the right to buy).

Removal of entries on land registerE+W

8Where the registered title to land contains an entry made by virtue of this Schedule, the Chief Land Registrar shall, for the purpose of removing or amending the entry, accept as sufficient evidence of the facts stated in it a certificate by the registered proprietor that the whole or a specified part of the land is not subject to any rights of a qualifying person under this Part.

Liability to compensate or indemnifyE+W

9(1)An action for breach of statutory duty lies where—

(a)the disponor on a qualifying disposal fails to comply with paragraph 1 (duty to secure inclusion of statement in instrument effecting disposal), or

(b)the landlord on a change of the qualifying dwelling-house fails to comply with paragraph 5(2) or (4) (duty to apply for registration protecting preserved right to buy),

and a qualifying person is deprived of the preserved right to buy by reason of the non-registration of the matters which would have been registered if that duty had been complied with.

(2)If the Chief Land Registrar has to meet a claim under the Land Registration Acts 1925 to 1986 as a result of acting upon—

(a)a certificate given in pursuance of paragraph 2 (certificate of title on first registration),

(b)a statement made in pursuance of paragraph 7 (statements required on disposal on which right to buy ceases to be preserved), or

(c)a certificate given in pursuance of paragraph 8 (certificate that dwelling-house has ceased to be subject to rights under this Part),

the person who gave the certificate or made the statement shall indemnify him.

Meaning of “disposal” and “instrument effecting disposal”E+W

10References in this Schedule to a disposal or to the instrument effecting a disposal are to the conveyance, transfer, grant or assignment, as the case may be.

Section 15.

[F41SCHEDULE 3E+W Common Parts Grants

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Amendments (Textual)

Part IE+W Amendments of Part XV of the Housing Act 1985

1(1)Section 460 of the M40Housing Act 1985 (general description of main grants) is amended as follows.E+W

(2)In subsection (1) omit the word “and” after the reference to special grants and after the reference to repairs grants insert “common parts grants (sections 498A to 498G)”.

(3)In subsection (2) for paragraphs (b) and (c) substitute—

(b)the improvement or repair of dwellings,

(c)the improvement or repair of the common parts of a building including one or more flats, and.

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Marginal Citations

2In section 462(1) of the M41Housing Act 1985 (preliminary condition for grants: the age of the property), after paragraph (b) insert , or

(c)a common parts grant in respect of a building which was erected after 2nd October 1961,.

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Marginal Citations

3In section 463(1) of the Housing Act 1985 (preliminary condition for eligibility for grant: the interest of the applicant in the property) for “may entertain an application for a grant only if” substitute “shall not entertain an application for a grant, other than an application for a common parts grant, unless”.

4After section 464 of the Housing Act 1985 insert—

464A Preliminary conditions for application for common parts grant.

(1)A local housing authority shall not entertain an application for a common parts grant unless they are satisfied as regards the relevant works that the applicant either—

(a)has a duty to carry them out, or

(b)has power to carry them out and has a qualifying interest in the building or in a dwelling in the building,

and that, at the date of the application, at least the required proportion of the dwellings in the building is occupied by tenants.

(2)The following are qualifying interests for the purposes of subsection (1)(b)—

(a)an estate in fee simple absolute in possession;

(b)a term of years absolute of which not less than five years remains unexpired at the date of the application;

(c)a tenancy to which section 1 of the Landlord and Tenant Act 1954 applies (long tenancies at low rents);

(d)a protected tenancy, a secure tenancy, a protected occupancy or a statutory tenancy;

(e)a tenancy which satisfies such conditions as may be prescribed by order of the Secretary of State.

(3)The required proportion mentioned in subsection (1) is three-quarters or such other proportion as may be—

(a)prescribed for the purposes of this section by order of the Secretary of State, or

(b)approved by him, in relation to a particular case or description of case, on application by the local housing authority;

and “tenant” for the purposes of that requirement means a person who has an interest within any of paragraphs (b) to (e) of subsection (2) by virtue of which he occupies a dwelling in the building as his only or main residence.

(4)An order under this section—

(a)may make different provision with respect to different cases or descriptions of case, including different provision for different areas, and

(b)shall be made by statutory instrument which shall be subject to annulment in pursuance of a resolution of either House of Parliament.

(5)This section has effect subject to section 513 (parsonages, applications by charities, &c.)..

5In section 466(1) of the M42Housing Act 1985 (grants requiring consent of the Secretary of State) for “or intermediate grant” substitute “, intermediate grant or common parts grant”.

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Marginal Citations

6After section 498 of the Housing Act 1985 insert—

Common parts grantE+W

498A Works for which common parts grants may be given.

(1)The works for which a common parts grant may be given are works required for the improvement or repair of the common parts of a building in which there are one or more flats, other than works for the provision of a dwelling.

(2)For this purpose—

(a)flat” means a dwelling which is a separate set of premises, whether or not on the same floor, divided horizontally from some other part of the building, and

(b)common parts” includes the structure and exterior of the building and common facilities provided, whether in the building or elsewhere, for persons who include the occupiers of one or more dwellings in the building.

498B Standard of repair to be attained.

(1)The local housing authority shall not, without the consent of the Secretary of State, approve an application for a common parts grant in respect of a building unless they are satisfied that on completion of the relevant works the common parts of the building will be in reasonable repair.

(2)The Secretary of State’s consent to the approval of applications where that standard will not be attained may be given in particular cases or in relation to descriptions of case.

(3)If in the opinion of the authority the relevant works are more extensive than is necessary for the purpose of securing that the common parts of the building will attain that standard, the authority may, with the consent of the applicant, treat the application as varied so that the relevant works include only such works as seem to the authority necessary for that purpose; and they may then approve the application as so varied.

498C Rateable value limit.

(1)The local housing authority shall not approve an application for a common parts grant in respect of a building if, on the date of the application, the average rateable value of the dwellings in the building exceeds the limit specified for the purposes of this section by order of the Secretary of State.

(2)The consent of the Treasury is required for the making of an order.

(3)An order—

(a)may make different provision with respect to different cases or descriptions of case, including different provision for different areas, and

(b)shall be made by statutory instrument which shall be subject to annulment in pursuance of a resolution of either House of Parliament.

(4)For the purposes of this section—

(a)where a dwelling is a hereditament for which a rateable value is shown in the valuation list, the rateable value is the value shown;

(b)where a dwelling forms part only of such a hereditament, or consists of or forms part of more than one such hereditament, the rateable value is such value as the local housing authority, after consultation with the applicant as to an appropriate apportionment or aggregation, shall determine.

(5)This section does not apply to buildings in housing action areas.

498D Common parts grants are discretionary.

(1)A local housing authority may approve an application for a common parts grant in such circumstances as they think fit.

(2)Subsection (1) has effect subject to the following provisions (which restrict the cases in which applications may be approved)—

  • section 465 (works already begun),

  • section 466 (cases in which consent of Secretary of State is required),

  • section 498B (standard of repair to be attained), and

  • section 498C (rateable value limit).

498E Common parts grants: estimated expense of works.

(1)Where a local housing authority approve an application for a common parts grant, they shall determine the amount of the expenses which in their opinion are proper to be incurred for the execution of the relevant works and shall notify the applicant of that amount.

(2)If, after an application for a grant has been approved, the authority are satisfied that owing to circumstances beyond the control of the applicant the relevant works will not be carried out on the basis of the estimate contained in the application, they may, on receiving a further estimate, redetermine the estimated expense in relation to the grant.

(3)If the applicant satisfies the authority that—

(a)the relevant works cannot be, or could not have been, carried out without carrying out additional works, and

(b)this could not have been reasonably foreseen at the time the application was made,

the authority may determine a higher amount under subsection (1).

498F Common parts grant: limit on expense eligible for grant.

(1)Except in a case or description of case in respect of which the Secretary of State approves a higher eligible expense, the eligible expense for the purposes of a common parts grant is so much of the estimated expense as does not exceed the prescribed amount.

(2)In subsection (1) “the prescribed amount” means an amount prescribed, or ascertained in a manner prescribed, by order of the Secretary of State.

(3)An order—

(a)may make different provision with respect to different cases or descriptions of case, including different provision for different areas, and

(b)shall be made by statutory instrument which shall be subject to annulment in pursuance of a resolution of the House of Commons.

498G Common parts grants: determination of amount.

(1)The amount of a common parts grant shall be fixed by the local housing authority when they approve the application, and shall not exceed the appropriate percentage of the eligible expense.

(2)The authority shall notify the applicant of the amount of the grant together with the notification under section 498E(1) (notification of estimated expense of relevant works).

(3)Where the authority redetermine the amount of the estimated expense under section 498E(2) (new estimate where works cannot be carried out in accordance with original estimate), they shall make such other adjustments relating to the amount of the grant as appear to them to be appropriate; but the amount of the grant shall not be increased beyond the amount which could have been notified when the application was approved if the estimate contained in the application had been of the same amount as the further estimate.

(4)Where the authority redetermine the amount of the estimated expense under section 498E(3) (redetermination where additional works prove necessary), the eligible expense under section 498F shall be recalculated and if on the recalculation the amount of the eligible expense is greater than it was at the time when the application was approved, the amount of the grant shall be increased and the applicant notified accordingly..

7In section 499(3) of the M43Housing Act 1985 for “this Part” substitute “the following provisions of this Part down to section 507”.

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Marginal Citations

8In section 511 of the Housing Act 1985 (payment of grants: general), in subsection (3)(b) for “or repairs grant” substitute “, repairs grant or common parts grant”.

9In section 513 of the Housing Act 1985 (special cases: parsonages, applications by charities, &c.), in subsection (2) (provisions disapplied) after the reference to section 464 omit the word “and” and insert—

so much of section 464A(1)(b) (preliminary conditions for application for common parts grant) as requires the applicant to have a qualifying interest in the premises, and.

10(1)Section 514 of the Housing Act 1985 (power of local housing authority to carry out works with agreement of person by whom application for grant might be made) is amended as follows.E+W

(2)For subsection (2) (definition of “requisite interest”) substitute—

(2)The reference in subsection (1) to a person having the requisite interest is, except in the case of a common parts grant, to a person who has an owner’s interest in every parcel of land on which the relevant works are to be carried out; and in this subsection “owner’s interest” has the same meaning as in section 463(1)(a).

(2A)The reference in subsection (1) to a person having the requisite interest is in the case of a common parts grant to a person who as regards the relevant works either—

(a)has a duty to carry them out, or

(b)has power to carry them out and has a qualifying interest in the building or in a dwelling in the building;

and in this subsection “qualifying interest” has the same meaning as in section 464A(1)(b)..

11In section 515 of the Housing Act 1985, for subsections (2) and (3) (effect on grant of disposal by applicant of his interest in the property) substitute—

(2)Where an application for a grant is approved but before the certified date the applicant ceases to be a person entitled to apply for a grant of that description—

(a)in the case of an improvement grant, intermediate grant, special grant or repairs grant, no grant shall be paid or, as the case may be, no further instalments shall be paid, and

(b)in the case of a common parts grant, the local housing authority may refuse to pay the grant or any further instalment,

and the authority may demand that any instalment of the grant which has been paid be repaid forthwith, together with interest from the date on which it was paid until repayment at such reasonable rate as the authority may determine.

(3)In subsection (2) “the certified date” means the date certified by the local housing authority as the date on which the dwelling, house or, as the case may be, the common parts of the building, first become fit for occupation or use after the completion of the relevant works to the satisfaction of the authority.

(4)For the purposes of subsection (2) an applicant ceases to be a person entitled to apply for a grant, other than a common parts grant, if he—

(a)ceases to have an owner’s interest in every parcel of land on which the relevant works are to be or have been carried out, or

(b)ceases to be a tenant of the dwelling;

and in this subsection “owner’s interest” and “tenant” have the same meaning as in section 463(1)(a) and (b).

(5)For the purposes of subsection (2) an applicant ceases to be a person entitled to apply for a common parts grant if he—

(a)ceases to have a duty to carry out the relevant works, or

(b)ceases to have power to carry them out or to have a qualifying interest in the building or in a dwelling in the building;

and in this subsection “qualifying interest” has the same meaning as in section 464A(1)(b)..

12In section 518 of the M44Housing Act 1985 (meaning of “dwelling for a disabled occupant” and related expressions), for subsection (3) substitute—

(3)In this Part “improvement”—

(a)in relation to a dwelling for a disabled occupant, includes the doing of works required for making the dwelling suitable for his accommodation, welfare or employment, and

(b)in relation to the common parts of a building which includes such a dwelling, includes the doing of works required for making the common parts suitable for use by a disabled occupant of a dwelling..

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Marginal Citations

13Renumber section 519 of the M45Housing Act 1985 (meaning of “reasonable repair”) as subsection (1) of that section and after it insert—

(2)In determining what is “reasonable repair” in relation to the common parts of a building, a local housing authority shall have regard to—

(a)the age and character of the building and the locality in which it is situated, and

(b)the character of the dwellings in the building and the period during which they are likely to be available for use as dwellings,

and shall disregard the state of internal decorative repair of the building and the dwellings in it..

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Marginal Citations

14(1)Section 526 of the Housing Act 1985 (the index to Part XV) is amended as follows.E+W

(2)At the appropriate places insert—

“common parts (for the purposes of common parts grant)section 498A(2)(b)”
“common parts grantsections 460 and 498A”
“flat (for the purposes of common parts grant)section 498A(2)(a)”

(3)In the second column of the entry relating to the expression “eligible expense” for “and 497” substitute “, 497 and 498F”.

Part IIE+W Amendments of Other Enactments

15In section 116 of the M46Rent Act 1977 (consent of tenant to carrying out of works), in subsection (3) (cases in which county court may empower landlord to enter in absence of consent), for “improvement or intermediate grant” substitute “improvement grant, intermediate grant or common parts grant”.

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Marginal Citations

16(1)Part IV of the Housing Act 1985 (secure tenancies and rights of secure tenants) is amended as follows.E+W

(2)In section 100 (power to reimburse cost of improvements carried out by tenant), in subsection (2) (cost to be net of grant), for “or repairs grant” substitute “, repairs grant or common parts grant”.

(3)In section 101 (rent not to be increased on account of improvements carried out by tenant), in the second part of subsection (1) (application of provision where improvement grant-aided), for “or repairs grant” substitute “, repairs grant or common parts grant”.

17In section 244 of the Housing Act 1985 (powers of local housing authority with respect to environmental works in housing action area), in subsection (3) (no assistance for grant-aided works), for “or repairs grant” substitute “, repairs grant or common parts grant”.

18In section 255 of the M47Housing Act 1985 (powers of local housing authority in general improvement area), in subsection (2)(b) (no assistance for grant-aided works) for “or repairs grant” substitute “, repairs grant or common parts grant”.

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Marginal Citations

19In section 535 of the Housing Act 1985 (exclusion of assistance under Part XVI (defective housing) where grant application pending under Part XV), in subsection (1)(a) for “or repairs grant” substitute, “repairs grant or common parts grant”.]

Section 18.

SCHEDULE 4E+W Further Provisions with Respect to Shared Ownership Leases

The Rent Act 1977 (c. 42)E+W

1(1)Part I of the Rent Act 1977 (preliminary provisions) is amended as follows.E+W

(2)After section 5 insert—

5A Certain shared ownership leases.

(1)A tenancy is not a protected tenancy if it is a qualifying shared ownership lease, that is—

(a)a lease granted in pursuance of the right to be granted a shared ownership lease under Part V of the Housing Act 1985, or

(b)a lease granted by a housing association and which complies with the conditions set out in subsection (2) below.

(2)The conditions referred to in subsection (1)(b) above are that the lease—

(a)was granted for a term of 99 years or more and is not (and cannot become) terminable except in pursuance of a provision for re-entry or forfeiture;

(b)was granted at a premium, calculated by reference to the value of the dwelling-house or the cost of providing it, of not less than 25 per cent., or such other percentage as may be prescribed, of the figure by reference to which it was calculated;

(c)provides for the tenant to acquire additional shares in the dwelling-house on terms specified in the lease and complying with such requirements as may be prescribed;

(d)does not restrict the tenant’s powers to assign, mortgage or charge his interest in the dwelling-house;

(e)if it enables the landlord to require payment for outstanding shares in the dwelling-house, does so only in such circumstances as may be prescribed;

(f)provides, in the case of a house, for the tenant to acquire the landlord’s interest on terms specified in the lease and complying with such requirements as may be prescribed; and

(g)states the landlord’s opinion that by virtue of this section the lease is excluded from the operation of this Act.

(3)The Secretary of State may by regulations prescribe anything requiring to be prescribed for the purposes of subsection (2) above.

(4)The regulations may—

(a)make different provision for different cases or descriptions of case, including different provision for different areas, and

(b)contain such incidental, supplementary or transitional provisions as the Secretary of State considers appropriate,

and shall be made by statutory instrument which shall be subject to annulment in pursuance of a resolution of either House of Parliament.

(5)In any proceedings the court may, if of opinion that it is just and equitable to do so, treat a lease as a qualifying shared ownership lease notwithstanding that the condition specified in subsection (2)(g) above is not satisfied.

(6)In this section—

  • house” has the same meaning as in Part I of the Leasehold Reform Act 1967;

  • housing association” has the same meaning as in the Housing Associations Act 1985; and

  • lease” includes an agreement for a lease, and references to the grant of a lease shall be construed accordingly..

(3). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F42

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Amendments (Textual)

The Rent (Agriculture) Act 1976 (c. 80)E+W

2In Schedule 2 to the Rent (Agriculture) Act 1976 (licences and tenancies giving rise to protected occupancy), in paragraph 3 (adaptation of provisions of Rent Act 1977 as they apply for the purposes of the 1976 Act), after sub-paragraph (2) insert—

(2A)In section 5A (exclusion of certain shared ownership leases), in subsection (2)(g) (condition that lease states landlord’s opinion that 1977 Act does not apply) for the reference to the 1977 Act substitute a reference to this Act..

Part I of the Leasehold Reform Act 1967 (c. 88)E+W

3In section 1 of the Leasehold Reform Act 1967 (tenants entitled to enfranchisement or extension), after subsection (1) insert—

(1A)The references in subsection (1)(a) and (b) to a long tenancy at a low rent do not include a tenancy excluded from the operation of this Part by section 33A of and Schedule 4A to this Act..

4In section 3(2) of the Leasehold Reform Act 1967 after “long tenancy at a low rent” insert “(other than a lease excluded from the operation of this Part by section 33A of and Schedule 4A to this Act)”.

5After section 33 of the Leasehold Reform Act 1967 insert—

33A Exclusion of certain shared ownership leases.

The provisions of Schedule 4A to this Act shall have effect to exclude certain shared ownership leases from the operation of this Part of this Act.

6After Schedule 4 to the Leasehold Reform Act 1967 insert—

SCHEDULE 4AE+W Exclusion of Certain Shared Ownership Leases

Leases granted in pursuance of right to be granted a shared ownership leaseE+W

1A lease granted in pursuance of the right to be granted a shared ownership lease under Part V of the Housing Act 1985 is excluded from the operation of this Part of this Act.

Certain leases granted by certain public authoritiesE+W

2(1)A lease which—

(a)was granted at a premium by a body mentioned in sub-paragraph (2), and

(b)complies with the conditions set out in sub-paragraph (3),

is excluded from the operation of this Part at any time when the interest of the landlord belongs to such a body.

(2)The bodies are—

(a)a county, district or London borough council, the Common Council of the City of London or the Council of the Isles of Scilly;

(b)the Inner London Education Authority or a joint authority established by Part IV of the Local Government Act 1985;

(c)the Commission for the New Towns or a development corporation established by an order made, or having effect as made, under the New Towns Act 1981;

(d)an urban development corporation within the meaning of Part XVI of the Local Government, Planning and Land Act 1980;

(e)the Development Board for Rural Wales;

(3)The conditions are that the lease—

(a)provides for the tenant to acquire the freehold for a consideration which is to be calculated in accordance with the lease and which is reasonable, having regard to the premium or premiums paid by the tenant under the lease, and

(b)states the landlord’s opinion that by virtue of this paragraph the tenancy will be excluded from the operation of this Part of this Act at any time when the interest of the landlord belongs to a body mentioned in sub-paragraph (2) above.

(4)If, in proceedings in which it falls to be determined whether a lease complies with the condition in sub-paragraph (3)(a), the question arises whether the consideration payable by the tenant on acquiring the freehold is reasonable, it is for the landlord to show that it is.

Certain leases granted by housing associationsE+W

3(1)A lease granted by a housing association and which complies with the conditions set out in sub-paragraph (2) is excluded from the operation of this Part of this Act, whether or not the interest of the landlord still belongs to such an association.

(2)The conditions are that the lease—

(a)was granted for a term of 99 years or more and is not (and cannot become) terminable except in pursuance of a provision for re-entry or forfeiture;

(b)was granted at a premium, calculated by reference to the value of the house or the cost of providing it, of not less than 25 per cent, or such other percentage as may be prescribed, of the figure by reference to which it was calculated;

(c)provides for the tenant to acquire additional shares in the house on terms specified in the lease and complying with such requirements as may be prescribed;

(d)does not restrict the tenant’s powers to assign, mortgage or charge his interest in the house;

(e)if it enables the landlord to require payment for outstanding shares in the house, does so only in such circumstances as may be prescribed;

(f)provides for the tenant to acquire the landlord’s interest on terms specified in the lease and complying with such requirements as may be prescribed; and

(g)states the landlord’s opinion that by virtue of this paragraph the lease is excluded from the operation of this Part of this Act.

(3)In any proceedings the court may, if of the opinion that it is just and equitable to do so, treat a lease as satisfying the conditions in sub-paragraph (2) notwithstanding that the condition specified in paragraph (g) of that sub-paragraph is not satisfied.

(4)In this paragraph “housing association” has the same meaning as in the Housing Associations Act 1985.

4(1)A lease for the elderly granted by a registered housing association and which complies with the conditions set out in sub-paragraph (2) is excluded from the operation of this Part of this Act at any time when the interest of the landlord belongs to such an association.

(2)The conditions are that the lease—

(a)is granted at a premium which is calculated by reference to a percentage of the value of the house or of the cost of providing it,

(b)complies, at the time when it is granted, with such requirements as may be prescribed, and

(c)states the landlord’s opinion that by virtue of this paragraph the lease will be excluded from the operation of this Part of this Act at any time when the interest of the landlord belongs to a registered housing association.

(3)In this paragraph—

  • lease for the elderly” has such meaning as may be prescribed; and

  • registered housing association” has the same meaning as in the Housing Associations Act 1985.

Power to prescribe matters by regulationsE+W

5(1)The Secretary of State may by regulations prescribe anything requiring to be prescribed for the purposes of this Schedule.

(2)The regulations may—

(a)make different provision for different cases or descriptions of case, including different provision for different areas, and

(b)contain such incidental, supplementary or transitional provisions as the Secretary of State considers appropriate,

and shall be made by statutory instrument which shall be subject to annulment in pursuance of a resolution of either House of Parliament.

InterpretationE+W

6In this Schedule “lease” means a lease at law or in equity, and references to the grant of a lease shall be construed accordingly.

Consequential amendments and repealsE+W

7In the Housing Act 1980, omit section 140.

8In the Local Government, Planning and Land Act 1980, omit section 156(3).

9(1)The Local Government Act 1985 is amended as follows.E+W

(2)In Schedule 13 (application of local authority provisions to residuary bodies), in paragraph 14, after sub-paragraph (a) insert—

(aa)paragraph 2 of Schedule 4A to the Leasehold Reform Act 1967;and at the end of sub-paragraph (b) insert “and” and omit sub-paragraph (d) and the word “and” preceding it.

(3)In Schedule 14, omit paragraph 58(e).

10In Part IV of the Housing Act 1985 (secure tenancies), in section 115 (meaning of “long tenancy”), in subsection (2)(c) after “1980” insert “or paragraph 3(2)(b) of Schedule 4A to the Leasehold Reform Act 1967”.

Transitional provisions and savingsE+W

11(1)The amendments made by this Schedule apply only in relation to leases granted after the commencement of this Schedule.E+W

(2)This Schedule does not affect the operation of section 140 of the Housing Act 1980, the enactments applying that section and regulations made under it, in relation to leases granted before the commencement of this Schedule.

Section 24(1),(2).

SCHEDULE 5E+W+S+N.I. Housing: Minor and Consequential Amendments

Part IE+W+S Minor Amendments

Effect of covenant for repayment of discountE+W

1(1)In section 36 of the M48Housing Act 1985 (charge to secure repayment of discount given on voluntary disposal), after subsection (3) insert—E+W

(3A)The covenant required by section 35 (covenant for repayment of discount) does not, by virtue of its binding successors in title of the purchaser, bind a person exercising rights under a charge having priority over the charge taking effect by virtue of this section, or a person deriving title under him; and a provision of the conveyance, grant or assignment, or of a collateral agreement, is void in so far as it purports to authorise a forfeiture, or to impose a penalty or disability, in the event of any such person failing to comply with the covenant..

(2)In section 156 of the Housing Act 1985 (charge to secure repayment of discount given on exercise of right to buy), after subsection (3) insert—

(3A)The covenant required by section 155 (covenant for repayment of discount) does not, by virtue of its binding successors in title of the tenant, bind a person exercising rights under a charge having priority over the charge taking effect by virtue of this section, or a person deriving title under him; and a provision of the conveyance or grant, or of a collateral agreement, is void in so far as it purports to authorise a forfeiture, or to impose a penalty or disability, in the event of any such person failing to comply with that covenant..

(3)In section 158 of the Housing Act 1985 (consideration for reconveyance or surrender of dwelling-house in National Park, etc. acquired in pursuance of right to buy) in subsection (3) (reduction of consideration where discount to be repaid or outstanding share to be paid for) after “shall be reduced” insert “, subject to subsection (4),”, and after that subsection insert—

(4)Where there is a charge on the dwelling-house having priority over the charge to secure payment of the sum due under the covenant mentioned in subsection (2), the consideration shall not be reduced under subsection (3) below the amount necessary to discharge the outstanding sum secured by the first-mentioned charge at the date of the offer to reconvey or surrender..

F43(4). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(5)The above amendments apply to covenants entered into before as well as after the commencement of this paragraph.

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Amendments (Textual)

Marginal Citations

Acquisition of dwelling-house subject to statutory tenancyE+W

2In Part IV of the M49Housing Act 1985 (secure tenancies), before section 110 under the heading “Supplementary provisions” insert—

109A Acquisition of dwelling-house subject to statutory tenancy.

Where an authority or body within section 80 (the landlord condition for secure tenancies) becomes the landlord of a dwelling-house subject to a statutory tenancy, the tenancy shall be treated for all purposes as if it were a contractual tenancy on the same terms, and the provisions of this Part apply accordingly..

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Marginal Citations

Landlord’s notice to mention any structural defectE+W

3In section 125 of the Housing Act 1985 (exercise of right to buy: landlord’s notice of purchase price and certain other matters), after subsection (4) insert—

(4A)The notice shall contain a description of any structural defect known to the landlord affecting the dwelling-house or the building in which it is situated or any other building over which the tenant will have rights under the conveyance or lease..

Re-service of notices, etc. on change of landlord in course of exercise of right to buyE+W

4(1)Section 137 of the Housing Act 1985 (change of landlord after notice claiming right to buy or right to a mortgage) is amended as follows.E+W

(2)Make the existing provision subsection (1) and in it after “all parties shall” insert “, subject to subsection (2),”.

(3)After that subsection insert—

(2)If the circumstances after the disposal differ in any material respect, as for example where—

(a)the interest of the disponee in the dwelling-house after the disposal differs from that of the disponor before the disposal, or

(b)the right to a mortgage becomes exercisable against the Housing Corporation rather than the landlord, orvice versa, or

(c)any of the provisions of Schedule 5 (exceptions to the right to buy) becomes or ceases to be applicable,

all those concerned shall, as soon as practicable after the disposal, take all such steps (whether by way of amending or withdrawing and re-serving any notice or extending any period or otherwise) as may be requisite for the purpose of securing that all parties are, as nearly as may be, in the same position as they would have been if those circumstances had obtained before the disposal..

Deferment of completion in pursuance of right to buyE+W

F445. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

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Amendments (Textual)

F44Sch. 5 para. 5 repealed (11.10.1993 subject to savings in S.I. 1993/2134, Sch. 1 para. 4) by 1993 c. 28, s. 187(2), Sch.22; S.I. 1993/2134, 2, 4(b), Sch. 2.

Penalty for voting on certain housing mattersE+W

6(1)In section 618(4) of the Housing Act 1985 (penalty for member of Common Council or committee voting on housing matter relating to land in which he is interested), for “level 2 on the standard scale” substitute “level 4 on the standard scale”.E+W

(2)The above amendment does not apply to offences committed before the commencement of this paragraph.

Grounds for withholding consent to assignment of secure tenancyE+W+S

7In Schedule 3 to the M50Housing Act 1985 (grounds for withholding consent to assignment by way of exchange), after Ground 9 add—

Ground 10E+W

The dwelling-house is the subject of a management agreement under which the manager is a housing association of which at least half the members are tenants of dwelling-houses subject to the agreement, at least half the tenants of the dwelling-houses are members of the association and the proposed assignee is not, and is not willing to become, a member of the association..

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Marginal Citations

8. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F45

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Amendments (Textual)

Service charges in respect of the cost of grant-aided worksE+W

9(1)In the Landlord and Tenant Act 1985, after section 20 insert—E+W

20A Limitation of service charges: grant-aided works.

Where relevant costs are incurred or to be incurred on the carrying out of works in respect of which a grant has been or is to be paid under Part XV of the Housing Act 1985 (grants for works of improvement, repair or conversion), the amount of the grant shall be deducted from the costs and the amount of the service charge payable shall be reduced accordingly..

(2)In section 21 of the Landlord and Tenant Act 1985 (request for summary of relevant costs), in subsection (5) (contents of summary) after “shall” insert “state whether any of the costs relate to works in respect of which a grant has been or is to be paid under Part XV of the Housing Act 1985 (grants for works of improvement, repair or conversion) and”.

(3)In section 47 of the Housing Act 1985 (limitation on service charges payable after disposal of house by public sector authority), after subsection (3) add—

(4)Where relevant costs are incurred or to be incurred on the carrying out of works in respect of which a grant has been or is to be paid under Part XV (grants for works of improvement, repair or conversion), the amount of the grant shall be deducted from the costs and the amount of the service charge payable shall be reduced accordingly..

(4)In section 48 of the M51Housing Act 1985 (request for summary of relevant costs), after subsection (3) (contents of summary) insert—

(3A)The summary shall also state whether any of the costs relate to works in respect of which a grant has been or is to be paid under Part XV (grants for works of improvement, repair or conversion)..

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Marginal Citations

Miscellaneous correctionsE+W+S

10(1). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F46E+W+S

(2)In sections 207 and 322 of the Housing Act 1985, in the definition of “person having control” for “house” substitute “premises”.

(3)In section 251(5)(b) of the Housing Act 1985 after “housing action” insert “area”.

(4)In section 256(4)(b) of the Housing Act 1985 for “to the local planning authority” substitute “of the local planning authority”.

(5). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F46

(6)In section 10(2)(b) of the M52Housing Associations Act 1985, for “Schedule 3 to the Housing Act 1985” substitute “Schedule 1 to the Housing Act 1985”.

(7)In paragraph 27 of Schedule 2 to the M53Housing (Consequential Provisions) Act 1985 for “(4)”, in both places where it occurs, substitute “(6)”.

(8)In Schedule 3 to the Housing (Consequential Provisions) Act 1985, after paragraph 2 insert—

2A.Any order made under section 115(11) of the Housing Act 1974 (form of notice of compensation where land in clearance area deemed appropriated for provision of housing) which was in force immediately before the repeal of that section by this Act may be revoked or amended by regulations under section 614 of the Housing Act 1985 (general power to prescribe forms, etc. by regulations)..

(9)The above amendments have effect from 1st April 1986.

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Amendments (Textual)

Marginal Citations

11(1)In sections 80(1)(a) and 81(1)(a), (3)(b) and (4)(b) of the M54Building Act 1984 (service of notices in respect of proposed demolition), after “demolition order” insert “or obstructive building order”.

(2)The above amendment to section 80 of the Building Act 1984 has effect from 1st April 1986.

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Marginal Citations

12In paragraph 14(2) of Schedule 11 and paragraph 8(2) of Schedule 22 to the M55Housing Act 1985 (procedure after compulsory purchase order has become operative), for “a copy of the notice” substitute “a copy of the order”.

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Marginal Citations

F4713. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

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Amendments (Textual)

Part IIE+W+S+N.I. Consequential Amendments

14. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F48

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Amendments (Textual)

F48Sch. 5 paras. 14, 17 repealed (S.) by Housing (Scotland) Act 1987 (c. 26, SIF 61), ss. 335, 339(3), Sch. 24

Rent Act 1977E+W+S

15In section 16 of the M56Rent Act 1977 (tenancy not protected if interest of landlord belongs to housing co-operative) for the words from “within the meaning of section 27” to the end substitute “within the meaning of section 27B of the Housing Act 1985 (agreements with housing co-operatives under certain superseded provisions) and the dwelling-house is comprised in a housing co-operative agreement within the meaning of that section”.

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Marginal Citations

Prospective

16(1)Schedule 12 to the Rent Act 1977 (procedure on application for certificate of fair rent) is amended as follows.E+W

(2)In paragraph (1)(c)—

(a)after “section 69(1)(a)” insert “or (1A)(b)”;

(b)after “improvement” insert “or repair”;

(c)after “regulated” insert “or secure”.

(3)In paragraph 3, after “If,” insert—

in the case of—

(a)an application under section 69(1) of this Act where the dwelling-house is not subject to a regulated tenancy, or

(b)an application under section 69(1A) of this Act where the dwelling-house is not subject to a secure tenancy,;

and omit “unless the dwelling-house is subject to a regulated tenancy”.

(4)In paragraph 4, for the words from “an application” to “regulated tenancy” substitute

(a)an application under section 69(1) of this Act where the dwelling-house is not subject to a regulated tenancy and which does not fall within paragraph 3 above, or

(b)an application under section 69(1A) of this Act and which does not fall within paragraph 3 above and where the dwelling-house is not subject to a secure tenancy,.

(5)In paragraph 5(1), for “Where the dwelling-house is subject to a regulated tenancy” substitute

In the case of—

(a)an application under section 69(1) of this Act where the dwelling-house is subject to a regulated tenancy, or

(b)an application under section 69(1A) of this Act where the dwelling-house is subject to a secure tenancy,.

(6)In paragraphs 8(2) and 11, after “regulated” insert “or secure”.

(7)After paragraph 11 add—

12In this Schedule “secure tenancy” has the same meaning as in Part IV of the Housing Act 1985, but does not include such a tenancy where the landlord is the Housing Corporation, a housing association or a housing trust which is a charity.

In this paragraph “housing association”, “housing trust” and “charity” have the same meaning as in Part IV of the Housing Act 1985.

17. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F49

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Amendments (Textual)

F49Sch. 5 paras. 14, 17 repealed (S.) by Housing (Scotland) Act 1987 (c. 26, SIF 61), ss. 335, 339(3), Sch. 24

Finance Act 1981E+W+S+N.I.

18In section 107 of the M57Finance Act 1981 (stamp duty payable on disposal of dwelling-house at a discount by certain authorities), after subsection (3A) insert—

(3B)This section also applies to a conveyance or transfer on sale (including the grant of a lease) by a person against whom the right by buy under Part V of the Housing Act 1985 is exercisable by virtue of section 171A of that Act (preservation of right to buy on disposal to private sector landlord) to a person who is the qualifying person for the purposes of the preserved right to buy and in relation to whom that dwelling-house is the qualifying dwelling-house.

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Commencement Information

I4Sch. 5 para. 18 wholly in force at 17.8.1992 see s. 57 and S.I. 1992/1753, art. 2(2).

Marginal Citations

Local Government Act 1985E+W

19In paragraph 22 of Schedule 13 to the M58Local Government Act 1985 (provisions of Housing Act 1985 applying to residuary bodies) after “444,” insert “450A to 450C,”.

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Commencement Information

I5Sch. 5 para. 19 wholly in force at 17.8.1992 see s. 57(2) and S.I. 1992/1753, art. 2(2).

Marginal Citations

M58l985 c. 51.

Housing Act 1985E+W

F5020. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

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Amendments (Textual)

F50Sch. 5 para. 20 repealed (1.4.1995) by 1994 c. 29, s. 93, Sch. 9 Pt. I; S.I. 1994/3262, art. 4(1), Sch.

21In section 20 of the Housing Act 1985 (houses of local authority to which management provisions apply), for “down to section 26” substitute “down to section 27B”.

22In section 21 of the Housing Act 1985 (management powers to be exercised by local housing authority), in subsection (2) (general proposition subject to section 27), for “(agreements for exercise of housing management functions by co operative)” substitute “(management agreements)”.

23In section 30 of the Housing Act 1985 (application of housing management provisions to new town corporations and the Development Board for Rural Wales), omit subsection (2) (which relates to section 27: management agreements).

24Omit section 46 of the Housing Act 1985 (definition of “service charge” for the purposes of certain provisions of Part II).

25In section 57 of the Housing Act 1985 (the index to Part II), in the entries relating to the expressions “payee and payer”, “relevant costs” and “service charge” for “section 46” substitute “section 621A”.

26In section 80 of the Housing Act 1985 (the landlord condition for secure tenancies), for subsection (4) (housing co-operatives to which the section applies) substitute—

(4)This section applies to a housing co-operative within the meaning of section 27B (agreements under certain superseded provisions) where the dwelling-house is comprised in a housing co-operative agreement within the meaning of that section..

27In section 117 of the Housing Act 1985 (the index to Part IV) at the appropriate places insert—

“consent (in Schedule 3A)paragraph 2(3) of that Schedule”
“landlord (in Part V of Schedule 2)paragraph 5 of that Part”
“management agreement and managersections 27(2) and 27B(4)”.
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Commencement Information

I6Sch. 5 para. 27 partly in force; Sch. 5 para. 27 not in force at Royal Assent see s. 57; Sch. 5 para. 27 partly in force at 17.8.1992 see S.I. 1992/1753, art. 2(2).

28In section 127(1) of the Housing Act 1985, omit the word “and” at the end of paragraph (a).

29In section 130 of the M59Housing Act 1985 (reduction of discount where previous discount given), in subsection (2) (meaning of “previous discount”) in paragraph (a) after “7” insert “or 7A” and after that paragraph insert—

(aa)on conveyance of the freehold, or a grant or assignment of a long lease of a dwelling-house by a person against whom the right to buy was exercisable by virtue of section 171A (preservation of right to buy on disposal to private sector landlord) to a person who was a qualifying person for the purposes of the preserved right to buy and in relation to whom that dwelling-house was the qualifying dwelling-house, or.

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Modifications etc. (not altering text)

C9Sch. 5 para. 29 restricted (11.7.1992) by S.I. 1992/1753, art. 2(2), Sch. para. 2.

Commencement Information

I7Sch. 5 para. 29 wholly in force at 17.8.1992 see s. 57 and S.I. 1992/1753, art. 2(2).

Marginal Citations

30(1)Section 187 of the Housing Act 1985 (minor definitions for purposes of Part V (the right to buy)) is amended as follows.E+W

(2)In the definition of “improvement”—

(a)after “means” insert “, in relation to a dwelling-house,”,

(b)for “a dwelling-house”, in both places, substitute “the dwelling-house”, and

(c)at the end (full-out after paragraph (c)) insert “and shall be similarly construed in relation to any other building or land;”.

(3)At the appropriate place insert—

improvement contribution” means an amount payable by a tenant of a flat in respect of improvements to the flat, the building in which it is situated or any other building or land, other than works carried out in discharge of any such obligations as are referred to in paragraph 16A(1) of Schedule 6 (obligations to repair, reinstate, etc.);.

31In section 188 of the Housing Act 1985 (the index to Part V) at the appropriate places insert—

“disposal and instrument effecting disposal (in Schedule 9A)paragraph 10 of that Schedule”
“former landlord and former secure tenant (in relation to a qualifying disposal)section 171A(2)(c)”
“improvement contributionsection 187”
“preserved right to buysection 171A(2)(a)”
“qualifying disposal (in relation to the preserved right to buy)section 171A(2)(b)”
“qualifying dwelling-house and qualifying person (in relation to the preserved right to buy)section 171B(1)”
“reference period (for purposes of s.125A or 125B)section 125C”
“service chargesection 621A”.
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Commencement Information

I8Sch. 5 para. 31 wholly in force at 17.8.1992 see s. 57 and S.I. 1992/1753, art. 2(2).

32In Part XIII of the M60Housing Act 1985 (general financial provisions), after section 427 insert—

427A Entitlement to subsidy in case of land subject to management agreement.

The fact that a local housing authority or other body has entered into a management agreement, and any letting of land in connection with such an agreement—

(a)shall be disregarded in determining that authority or body’s reckonable income or expenditure for the purposes of housing subsidy, and

(b)shall not be regarded as a ground for recovering, withholding or reducing any sum under section 427 (recoupment of housing subsidy)..

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Marginal Citations

33In section 434 of the Housing Act 1985 (the index to Part XIII) at the appropriate place insert—

“management agreement sections 27(2) and 27B(4)”.

34In section 444(4) of the Housing Act 1985 (advances relevant to certain powers of local authority to give assistance), for the words from “by” to the end substitute “a housing authority”.

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Modifications etc. (not altering text)

C10Sch. 5 para. 34 restricted (11.7.1992) by S.I. 1992/1753, art. 2(2), Sch. para. 3.

Commencement Information

I9Sch. 5 para. 34 wholly in force at 17.8.1992 see s. 57 and S.I. 1992/1753, art. 2(2).

35In section 452 of the Housing Act 1985 (vesting of house in authority entitled to exercise power of sale), in subsection (2) omit the definition of “housing authority”.

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Modifications etc. (not altering text)

C11Sch. 5 para. 35 restricted (11.7.1992) by S.I. 1992/1753, art. 2(2), Sch. para. 4.

Commencement Information

I10Sch. 5 para. 35 wholly in force at 17.8.1992 see s. 57 and S.I. 1992/1753, art. 2(2).

36In section 453 of the Housing Act 1985 (power of authority which has granted shared ownership lease to make further advances), omit subsection (2) (which defines “housing authority”).

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Modifications etc. (not altering text)

C12Sch. 5 para. 36 restricted (11.7.1992) by S.I. 1992/1753, art. 2(2), Sch. para. 4.

Commencement Information

I11Sch. 5 para. 36 wholly in force at 17.8.1992 see s. 57 and S.I. 1992/1753, art. 2(2).

37In section 458 of the Housing Act 1985 (minor definitions), at the appropriate place insert—

housing authority” includes any local authority, an urban development corporation, the Housing Corporation and a registered housing association;.

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Modifications etc. (not altering text)

C13Sch. 5 para. 37 restricted (11.7.1992) by S.I. 1992/1753, art. 2(2), Sch. para. 4.

Commencement Information

I12Sch. 5 para. 37 wholly in force at 17.8.1992 see s. 57 and S.I. 1992/1753, art. 2(2).

38In section 459 of the Housing Act 1985 (the index to Part XIV), at the appropriate places insert—

“housing authoritysections 4(a) and 458”
“service chargesection 621 A”.
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Modifications etc. (not altering text)

C14Sch. 5 para. 38 restricted (11.7.1992) by S.I. 1992/1753, art. 2(2), Sch. para. 4.

Commencement Information

I13Sch. 5 para. 38 wholly in force at 17.8.1992 see s. 57 and S.I. 1992/1753, art. 2(2).

39After section 621 of the Housing Act 1985 insert—

621A Meaning of “service charge” and related expressions.

(1)In this Act “service charge” means an amount payable by a purchaser or lessee of premises—

(a)which is payable, directly or indirectly, for services, repairs, maintenance or insurance or the vendor’s or lessor’s costs of management, and

(b)the whole or part of which varies or may vary according to the relevant costs.

(2)The relevant costs are the costs or estimated costs incurred or to be incurred by or on behalf of the payee, or (in the case of a lease) a superior landlord, in connection with the matters for which the service charge is payable.

(3)For this purpose—

(a)costs” includes overheads, and

(b)costs are relevant costs in relation to a service charge whether they are incurred, or to be incurred, in the period for which the service charge is payable or in an earlier or later period.

(4)In relation to a service charge—

(a)the “payee” means the person entitled to enforce payment of the charge, and

(b)the “payer” means the person liable to pay it..

40(1)Schedule 4 to the M61Housing Act 1985 (the qualifying period for the right to buy) is amended as follows.E+W

(2)After paragraph 5 insert—

Periods during which right to buy is preservedE+W

5AA period qualifies under this paragraph if it is a period during which, before the relevant time—

(a)the secure tenant, or

(b)his spouse (if they are living together at the relevant time), or

(c)a deceased spouse of his (if they were living together at the time of the death),

was a qualifying person for the purposes of the preserved right to buy or was the spouse of such a person and occupied the qualifying dwelling-house as his only or principal home..

(3)In paragraph 7 (the landlord condition for qualifying period)—

(a)in sub-paragraph (1), in the opening words, after “subject to” insert “paragraph 7A and to”, and omit the words from “a housing co-operative” to “management functions)”;

(b)in sub-paragraph (2), omit the words from “a housing co-operative” to “1975”.

(4)After paragraph 7 insert—

7A(1)The landlord condition shall be treated as having been satisfied in the case of a dwelling-house comprised in a housing co-operative agreement made—

(a)in England and Wales, by a local housing authority, new town corporation or the Development Board for Rural Wales, or

(b)in Scotland, by an islands or district council,

if the interest of the landlord belonged to the housing co-operative.

(2)In sub-paragraph (1) “housing co-operative agreement” and “housing co-operative”—

(a)as regards England and Wales have the same meaning as in section 27B (agreements with housing co-operatives under superseded provisions), and

(b)as regards Scotland mean an agreement made under section 5 of the Housing Rents and Subsidies (Scotland) Act 1975 and a housing co-operative within the meaning of that section..

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Modifications etc. (not altering text)

C15Sch. 5 para. 40(2)(3)(4) restricted (11.7.1992) by S.I. 1992/1753, art. 2(2), Sch. para. 5.

Commencement Information

I14Sch. 5 para. 40 wholly in force at 17.8.1992 see s. 57 and S.I. 1992/1753, art. 2(2).

Marginal Citations

41(1)Paragraph 14 of Schedule 6 to the M62Housing Act 1985 (terms of lease granted in pursuance of right to buy: implied covenants by landlord) is amended as follows.E+W

(2)In sub-paragraph (2), omit the words following paragraph (c).

(3)In sub-paragraph (3), for the words from the beginning to “requirement” insert “There is an implied covenant”.

(4)After sub-paragraph (3) insert—

(3A)Sub-paragraphs (2) and (3) have effect subject to paragraph 15(3) (certain obligations not to be imposed, where landlord’s title is leasehold, by reason of provisions of superior lease)..

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Marginal Citations

[F51Housing Associations Act 1985]E+W+S

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Amendments (Textual)

42[F51In Part II of the M63Housing Associations Act 1985 (financial provisions), after section 69 insert—

69A Land subject to housing management agreement.

A housing association is not entitled to a housing association grant, revenue deficit grant or hostel deficit grant in respect of land comprised in—

(a)a management agreement within the meaning of the Housing Act 1985 (see sections 27(2) and 27B(4) of that Act; delegation of housing management functions by certain authorities), or

(b)an agreement to which section 5 of the Housing Rents and Subsidies (Scotland) Act 1975 applies (agreements for exercise by housing co-operatives of certain local authority housing functions)..]

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Marginal Citations

Sections 25(2)(3), 26(2), (3).

SCHEDULE 6E+W+S Simplified Planning Zones: Further Provisions

Parts I and IIE+W . . . F52

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Amendments (Textual)

F53Part IIIS

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Amendments (Textual)

F53Sch. 6 Pt. III repealed (27.5.1997) by 1997 c. 11, ss. 3, 6(2), Sch. 1 Pt. I (with s. 5, Sch. 3)

Schedule 6AS Simplified Planning Zone Schemes

F54Part IVS

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Amendments (Textual)

F54Sch. 6 Pt. IV repealed (27.5.1997) by 1997 c. 11, ss. 3, 6(2), Sch. 1 Pt. I (with s. 5 Sch. 3)

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Sections 33 and 37.

SCHEDULE 7E+W+S Hazardous Substances: Consequential Amendments

Part IE+W . . . F55

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Amendments (Textual)

F56Part IIS

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Amendments (Textual)

F56Sch. 7 Pt. II repealed (27.5.1997) by 1997 c. 11, ss. 3, 6(2), Sch. 1 Pt. I (with s. 5, Sch. 3)

Radioactive Substances Act 1960 (c. 34)S

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Town and Country Planning (Scotland) Act 1972 (c.52)S

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Town and Country Planning Act 1984 (c.10)S

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Gas Act 1986 (c. 44)S

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Section 39(3).

SCHEDULE 8E+W+S Opencast Coal — Miscellaneous Amendments

Part IE+W+S The 1958 Act

F591. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

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Amendments (Textual)

2(1)In section 4(1), for the words “the land comprised in an authorisation under section 1 of this Act” there shall be substituted the words “any land on which they desire to work coal by such operations or to carry out operations incidental to such working”.E+W+S

(2)The following subsections shall be substituted for section 4(6)—

(6)A compulsory rights order may only be made if opencast planning permission has been applied for or granted in respect of the land comprised in the order or is deemed to have been granted in respect of it.

(6A)Where a compulsory rights order is made before opencast planning permission has been granted in respect of the land comprised in the order, the Secretary of State shall not confirm it unless such permission in respect of that land has first been granted.

(6B)Where a compulsory rights order is made in a case where opencast planning permission has been granted or is deemed to have been granted, the order, as from the time when it is made, shall include a reference to the permission.

(6C)If opencast planning permission is granted in respect of land comprised in a compulsory rights order and the Secretary of State subsequently confirms the order, the order as confirmed shall include a reference to the permission.

(6D)No compulsory rights order, as confirmed, shall extend to any land which is not comprised in the permission or deemed permission referred to in the order..

3In section 5(5)—

(a)for the word “authorisation” there shall be substituted the words “opencast planning permission”; and

(b)for the words “fulfilment of the authorised purposes” there shall be substituted the words “permitted activities.”

F604. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

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Amendments (Textual)

5The following sections shall be substituted for section 14—

14 Provisions as to agricultural tenancies in England and Wales.

(1)Without prejudice to the provisions of Part III of this Act as to matters arising between landlords and tenants in consequence of compulsory rights orders, the provisions of this section shall have effect where—

(a)opencast planning permission has been granted subject to a restoration condition and to an aftercare condition in which the use specified is use for agriculture or use for forestry, and

(b)immediately before that permission is granted, any of the land comprised therein consists of an agricultural holding or part of an agricultural holding,

whether any of that land is comprised in a compulsory rights order or not.

(2)For the purposes of the Agricultural Holdings Act 1986 (in this Act referred to as “the Act of 1986”)—

(a)the holding shall not be taken to have ceased to be an agricultural holding; and

(b)where only part of the holding is comprised in opencast planning permission, that part shall not be taken to have ceased to form part of an agricultural holding,

by reason only that, while occupied or used for the permitted activities, the land is not being used for agriculture within the meaning of that Act.

(3)For the purposes of the Act of 1986, the tenant of the holding shall not be taken to have failed to fulfill his responsibilities to farm in accordance with the rules of good husbandry—

(a)by reason of his having permitted any of the land comprised in the opencast planning permission to be occupied for the purpose of carrying on any of the permitted activities, or by reason of any other thing done or omitted by him for facilitating the use of any of that land for that purpose;

(b)where any of that land is comprised in a compulsory rights order, by reason of the occupation or use of any of that land in the exercise of rights conferred by the order, in so far as that occupation or use was not permitted or facilitated by the tenant as mentioned in the preceding paragraph.

(4)For the purposes of the Act of 1986 nothing done or omitted by the tenant or by the landlord of the holding by way of permitting any of the land in respect of which opencast planning permission has been granted to be occupied for the purpose of carrying on any of the permitted activities, or by way of facilitating the use of any of that land for that purpose, shall be taken to be a breach of any term or condition of the tenancy, either on the part of the tenant or on the part of the landlord.

(5)For the purposes of subsections (1) to (3) of section 27 of the Act of 1986 (Agricultural Land Tribunal’s consent to operation of notice to quit) the condition specified in paragraph (f) of subsection (3) of that section shall not be treated as satisfied if the use for the purpose for which the landlord proposes to terminate the tenancy is the use of the land for carrying on any of the permitted activities.

(6)On a reference to arbitration under section 12 of the Act of 1986 with respect to the rent which should be properly payable for the holding, in respect of any period for which the Board are in occupation of the holding, or of any part thereof, for the purpose of carrying on any of the permitted activities, the arbitrator shall not take into account any increase or diminution in the rental value of the holding in so far as that increase or diminution is attributable to the occupation of the holding, or of that part of the holding, by the Board for the purpose of carrying on any of the permitted activities.

(7)For the purpose of the operation of section 13 of the Act of 1986 (increases of rent for landlord’s improvements) in relation to improvements carried out on the holding, in a case where the improvements have been affected by anything done for the purpose of carrying on any of the permitted activities, the increase (if any) of the rental value of the holding attributable to the carrying out of the improvements shall be assessed as if it had not been done.

(8)This section does not extend to Scotland.

14A Provisions as to agricultural tenancies in Scotland.

(1)Without prejudice to the provisions of Part III of this Act as to matters arising between landlords and tenants in consequence of compulsory rights orders, the provisions of this section shall have effect in Scotland where—

(a)opencast planning permission has been granted subject to a restoration condition and to an aftercare condition in which the use specified is use for agriculture, and

(b)immediately before that permission is granted, any of the land comprised therein consists of an agricultural holding or part of an agricultural holding,

whether any of that land is comprised in a compulsory rights order or not.

(2)In this section—

  • aftercare condition” means a condition requiring that such steps shall be taken as may be necessary to bring land to the standard required for use for agriculture; and

  • restoration condition” has the meaning given to it in section 27A(2) of the Town and Country Planning (Scotland) Act 1972.

(3)For the purposes of the Agricultural Holdings (Scotland) Act 1949 (in this Act referred to as “the Scottish Act of 1949”)—

(a)the holding shall not be taken to have ceased to be an agricultural holding; and

(b)where only part of the holding is comprised in the opencast planning permission, that part shall not be taken to have ceased to form part of an agricultural holding,

by reason only that, while occupied or used for the permitted activities, the land is not being used for agriculture within the meaning of that Act.

(4)For the purposes of the Scottish Act of 1949, the tenant of the holding shall not be taken to have failed to fulfil his responsibilities to farm in accordance with the rules of good husbandry—

(a)by reason of his having permitted any of the land comprised in the opencast planning permission to be occupied for the purpose of carrying on any of the permitted activities, or by reason of any other thing done or omitted by him for facilitating the use of any of that land for that purpose;

(b)where any of that land is comprised in a compulsory rights order, by reason of the occupation or use of any of that land in the exercise of rights conferred by the order, in so far as that occupation or use was not permitted or facilitated by the tenant as mentioned in the preceding paragraph.

(5)For the purposes of the Scottish Act of 1949 nothing done or omitted by the tenant or by the landlord of the holding by way of permitting any of the land in respect of which opencast planning permission has been granted to be occupied for the purpose of carrying on any of the permitted activities, or by way of facilitating the use of any of that land for that purpose, shall be taken to be a breach of any term or condition of the tenancy, either on the part of the tenant or on the part of the landlord.

(6)For the purposes of section 25(2) of the Scottish Act of 1949, no account is to be taken of permission granted as mentioned in paragraph (c) of that subsection if the permission—

(a)is granted on an application by the National Coal Board; and

(b)relates to the working of coal by opencast operations; and

(c)is granted subject to a restoration condition and an aftercare condition.

(7)For the purposes of section 26 of the Scottish Act of 1949 (in which subsection (1) specifies conditions for the giving of consent under section 25 of that Act to the operation of a notice to quit) the condition specified in paragraph (e) of subsection (1) shall not be treated as satisfied if the use for the purpose of which the landlord proposes to terminate the tenancy is the use of the land for carrying on any of the permitted activities.

(8)On a reference to arbitration under section 7 of the Scottish Act of 1949 with respect to the rent which should be properly payable for the holding, in respect of any period for which the Board are in occupation of the holding, or of any part thereof, for the purpose of carrying on any of the permitted activities, the arbiter shall not take into account any increase or diminution in the rental value of the holding in so far as that increase or diminution is attributable to the occupation of the holding, or of that part of the holding, by the Board for the purpose of carrying on any of the permitted activities.

(9)For the purpose of the operation of section 8 of the Scottish Act of 1949 (which relates to increases of rent for improvements carried out by the landlord) in relation to an improvement carried out on the holding, in a case where the improvement has been affected by anything done for the purpose of carrying on any of the permitted activities, the increase (if any) of the rental value of the holding attributable to the carrying out of the improvement shall be assessed as if the improvement had not been so affected.

(10)The use of land for the working of coal by opencast operations shall not be a use for the purposes of which a landlord shall be entitled to resume the land..

6The following sections shall be substituted for section 15—

15 Suspension of certain public rights of ways.

(1)Where—

(a)the Board apply for opencast planning permission; and

(b)over any part of the land to which the application relates there subsists a public right of way, not being a right enjoyed by vehicular traffic,

the Board may also apply to the Secretary of State for an order suspending the public right of way.

(2)The Secretary of State shall not make such an order unless—

(a)opencast planning permission is granted; and

(b)he is satisfied—

(i)that a suitable alternative way will be made available by the Board (whether on land comprised in the opencast planning permission or on other land) for use by the public during the period for which the order remains in force; or

(ii)that the provision of such an alternative way is not required.

(3)An order under this section shall specify the date, which shall not be earlier than the making of the order, with effect from which the right of way is suspended.

(4)Where an order has been made under this section the Secretary of State shall revoke it—

(a)if—

(i)no permitted activities have been carried on pursuant to the opencast planning permission on the land over which the right of way subsisted; and

(ii)he is satisfied that there is no early prospect of such activities being so carried on; or

(b)as soon after such permitted activities have been so carried on as he is satisfied that it is no longer necessary for the purpose of carrying on such permitted activities that the right of way should be suspended.

(5)An order under this section shall include such provisions as may appear to the Secretary of State to be appropriate for securing the reconstruction of the way on the restoration of the land over which the right of way subsisted immediately before the order was made.

(6)Where an order is made under this section then, in connection with the provision of such a suitable alternative way as is referred to in subsection (2) above,—

(a)the order under this section may provide that, in so far as the carrying out of any operations, or any change in the use of land, involved in making the alternative way available or in permitting it to be used by the public, constitutes development within the meaning of the Act of 1971, permission for that development shall be deemed to be granted under Part III of that Act subject to such conditions (if any) as may be specified in the order;

(b)where the order under this section includes provisions in accordance with paragraph (a) above, the Act of 1971 shall have effect as if they were conditions subject to which the opencast planning permission was granted;

(c)if a compulsory rights order referring to the opencast planning permission is made, then, in the application to that order of section 5(5) above, the permitted activities shall be taken to include making an alternative way available for use by the public, and the right exercisable in accordance with that subsection, as against all persons directly concerned, shall include the right to permit the public to use any way so made available; and

(d)if the land on which the alternative way is to be made available is specified in the order under this section and is land which does not form part of, but it contiguous with, the land to which the opencast planning permission relates, a compulsory rights order referring to the opencast planning permission may include that land as if it were part of the land comprised in the permission.

(7)In the application of this section to Scotland, it shall be read as if for “the Act of 1971” there were substituted “the Town and Country Planning (Scotland) Act 1972”.

15A Suspension of public rights of way—supplementary.

(1)Before submitting to the Secretary of State an application for an order under section 15 of this Act, the Board shall publish a notice in the prescribed form identifying the right of way and stating—

(a)that the Board are proposing to apply for an order suspending it in connection with the working of coal by opencast operations;

(b)that opencast planning permission has been applied for, or, as the case may be, has been granted; and

(c)that objections to the application for the order may be made in writing to the Secretary of State within such time, not being less than 28 days from the publication of the notice, as may be specified.

(2)The duty to publish a notice imposed by subsection (1) above is a duty to publish it—

(a)in two successive weeks in one or more local newspapers circulating in the locality in which the land over which the right of way subsists is situated; and

(b)in the same or any other two successive weeks, in the appropriate Gazette.

(3)The period within which objections may be made expires when the period specified in the last publication of the notice expires; and any period specified in earlier publications is to be treated as extended accordingly.

(4)A notice under subsection (1) above shall name a place in the locality where a copy of the application and of a map showing the right of way can be inspected.

(5)The Board shall also, before submitting such an application to the Secretary of State,—

(a)inform—

(i)in England and Wales, the district council and, except in the case of a metropolitan district, the county council, and any parish or community council or parish meeting; and

(ii)in Scotland, every local authority in whose area any part of the land over which the right of way subsists is situated of the right to object conferred by subsection (1) above;

(b)send them a map showing the right of way and a copy of their notice under subsection (1) above; and

(c)affix to some conspicuous object at either end of the right of way a notice giving in the prescribed form the prescribed particulars of their proposed application concerning it and of the right to object.

(6)If no objection is made by any such authority, other than a parish or community council or parish meeting, as is mentioned in subsection (5)(a) above, or if all objections which are made by any such authority are withdrawn, the Secretary of State, upon being satisfied that the Board have complied with subsections (1) to (5) above, may if he thinks fit make the order.

(7)The Secretary of State may, if he thinks fit, cause a public local inquiry to be held before determining whether to make an order, and shall cause such an inquiry to be held if an objection is made by any such authority and is not withdrawn.

(8)If the Secretary of State causes such an inquiry to be held, he shall consider all objections to the application which are duly made by any person and not withdrawn and the report of the person who held the inquiry before determining whether to make the order.

(9)An order under section 15 of this Act may be made either in accordance with the Board’s application or subject to such modifications as the Secretary of State may determine.

(10)If the Secretary of State makes an order, the Board, as soon as may be after the order is made, shall publish a notice in the prescribed form that the order has been made, describing the right of way which is suspended, stating the date on which the order comes into operation and naming a place in the locality where a copy of the order and of any map to which it refers can be inspected at all reasonable hours, and shall serve a like notice and a copy of the order on any body required under this section to be informed of the application for the order.

(11)The duty to publish a notice imposed by subsection (10) above is a duty to publish it—

(a)in one or more local newspapers such as are mentioned in subsection (1) above; and

(b)in the appropriate Gazette.

(12)In this section “the appropriate Gazette” means—

(a)the London Gazette in a case where the land over which the right of way subsists is situated in England or Wales; and

(b)the Edinburgh Gazette in a case where it is situated in Scotland..

7In section 16—

(a)in subsections (1) and (2), for the words from “which” to “Act” there shall be substituted the words “in respect of which opencast planning permission has been granted”;

(b)in subsection (3), for the words from “comprised” to “Act” there shall be substituted the words “in respect of which the permission was granted”.

F618. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

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Amendments (Textual)

9In section 38—

(a)in paragraph (a)—

(i)for the words from “which” to “Act” there shall be substituted the words “in respect of which opencast planning permission has been granted”; and

(ii)for the words “authorised purposes” there shall be substituted the words “purpose of carrying on the permitted activities”;

(b)in paragraph (b), for the words “comprised in the authorisation” there shall be substituted the words “in respect of which the permission was granted and”; and

(c)for the words from “fulfilment” to the end of the subsection there shall be substituted the words “permitted activities”

10In section 39(3)—

(a)in paragraph (a), for the words “an authorisation under section one of this Act” there shall be substituted the words “opencast planning permission”;

(b)in paragraph (b)—

(i)for the words from “an” to “Act”, in the first place where it occurs, there shall be substituted the words “opencast planning permission”; and

(ii)for the words “out of any authorised operations” there shall be substituted the words “on of any of the permitted activities”; and

(c)in paragraph (d), for the words “any of the provisions of the First” there shall be substituted the words “section 15A(4)(c) or any of the provisions of the”.

11In the proviso to section 39(5), for the words “any of the provisions of the First” there shall be substituted the words “section 15A(4)(c) or any of the provisions of the”.

12In section 45(2)—

(a)for the words from “an” to “Act” there shall be substituted the words “opencast planning permission has been granted”; F62. . .

(b). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

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Amendments (Textual)

F62Sch. 8 para. 12(b) and the preceding “and” repealed (31.10.1994) by 1994 c. 21, ss. 67, 68(2), Sch. 11 Pt. II (with s. 40(7)); S.I. 1994/2553, art. 2

13In section 51(1)—

(a)the following definition shall be inserted after the definition of “National Trust”—

opencast planning permission” means planning permission which permits the Board to work coal by opencast operations or to carry out operations incidental to such working;;

(b)the following definition shall be inserted after the definition of “period of occupation”—

permitted activities” means—

(a)the working of coal by opencast operations pursuant to opencast planning permission and the carrying out of operations incidental to such working; and

(b)the carrying out of any conditions subject to which opencast planning permission has been granted;; and

(c)the following definition shall be inserted after the definition of “persons directly concerned”—

planning permission” means planning permission under Part III of the Act of 1971;.

14In section 52(2), the following definition shall be inserted after the definition of “owner”—

planning permission” means planning permission under Part III of the Act of 1972 ;.

15In paragraph 5(1) of Part I of Schedule 2 (compulsory rights orders)—

(a)for the words “an authorisation under section one of this Act” there shall be substituted the words “ opencast planning permission ” ; and

(b)for the words from “an authorisation”, in the second place where those words occur, to “operations” there shall be substituted the words “ opencast planning permission should be granted or should have been granted. ”.

16In Schedule 6, in paragraph 18(2)(c), for the words from “purposes”, in the first place where it occurs, to the end there shall be substituted the words “ activities which, in relation to the opencast planning permission referred to in the order, constitute the permitted activities ”.

17In Schedule 7, in paragraph 24(3)(a)—

(a)for the word “authorisation”, in the first place where it occurs, there shall be substituted the words “ opencast planning permission ” ; and

(b)for the words “had been made for such an authorisation” there shall be substituted the words “ for opencast planning permission had been made ”.

Part IIE+W+S Acquisition of Land Act 1981 (c. 67)

18In section 29—

(a)in subsection (6)—

(i)for the words “an authorisation under section 1 of the Opencase Coal Act 1958” there shall be substituted the words “opencast planning permission”; and

(ii)for the words from “an authorisation”, in the second place where they occur, to “operations” there shall be substituted the words “opencast planning permission should be granted or should have been granted”; and

(b)the following subsection shall be substituted for subsection (11)—

(11)In this section “opencast planning permission” and “persons directly concerned” have the same meaning as in the Opencast Coal Act 1958..

Sections 40 and 50.

SCHEDULE 9E+W+S Listed Buildings And Conservation Areas

Part IE+W England and Wales

1—5.. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F63

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Amendments (Textual)

Dangerous structure orders in respect of listed buildingsE+W

6(1). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F64E+W

(2)In sections 77 and 79 of the M66Building Act 1984 and in sections 62, 65 and 69 of the M67London Building Acts (Amendment) Act 1939 insert as the final subsection—

( ) This section has effect subject to the provisions of the Town and Country Planning Act 1971 relating to listed buildings, buildings subject to building preservation orders and buildings in conservation areas..

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Amendments (Textual)

Marginal Citations

7–12. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F65

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Amendments (Textual)

F66Part IIE+W

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Amendments (Textual)

F66Sch. 9 paras. 13-24 (Pt. II) repealed (27.5.1997) by 1997 c. 11, ss. 3, 6(2) Sch. 1 Pt. I (with s. 5, Sch. 3)

Free-standing objects and structures within curtilage of listed buildingS

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Late application for listed building consentS

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Defence to proceedings under section 53S

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Grant of listed building consent subject to subsequent approval of detailS

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Application to modify or discharge conditions attached to listed building consentS

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Extent of exemption accorded to ecclesiastical buildingsS

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Effect of listed building enforcement noticeS

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Works for preservation of buildingsS

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Control of demolition in conservation areasS

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Form of application for listed building consentS

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Calling in of application for listed building consentS

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Application to planning authorities of provisions relating to listed buildingsS

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

SCHEDULE 10E+W . . . F67

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Amendments (Textual)

Sections 49 and 53.

SCHEDULE 11E+W+S Planning: Minor and Consequential Amendments

Part IE+W England and Wales

1—21.. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F68

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Amendments (Textual)

Consequential amendments of other enactmentsE+W

22—24.. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F69

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Amendments (Textual)

25(1)The M75Industrial Development Act 1982 is amended as follows.E+W

(2)In section 14 (power of Secretary of State to provide premises and sites), in subsection (2) (restriction on acquisition of buildings) for “section 66 of the Town and Country Planning Act 1971” substitute “section 14A of this Act”.

(3)After that section insert—

14A Meaning of “industrial buildings”.

(1)In section 14(2) of this Act “industrial building” means a building which is used or designed for use for carrying on, in the course of a trade or business, a process for or incidental to any of the following purposes—

(a)the making of any article or part of any article,

(b)the altering, repairing, ornamenting, finishing, cleaning, washing, freezing, packing or canning, or adapting for sale, or breaking up or demolition, of any article, or

(c)the getting, dressing or preparation for sale of minerals or the extraction or preparation for sale of oil or brine,

or which is used or designed for use for carrying on, in the course of a trade or business, scientific research.

(2)For the purposes of subsection (1) premises which—

(a)are used or designed for use for providing services or facilities ancillary to the use of other premises for the carrying on of any such process or research as is mentioned in that subsection, and

(b)are or are to be comprised in the same building or the same curtilage as those other premises,

shall themselves be treated as used or designed for use for the carrying on of such a process or, as the case may be, of such research.

(3)In this section—

  • article” means an article of any description, including a ship or vessel;

  • building” includes part of a building;

  • minerals” includes all minerals and substances in or under land of a kind ordinarily worked for removal by underground or surface working, except that it does not include peat cut for purposes other than sale;

  • scientific research” means any activity in the fields of natural or applied science for the extension of knowledge..

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Marginal Citations

26, 27.. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F70

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Amendments (Textual)

F71Part IIS Scotland

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Amendments (Textual)

Directions as to modifications of local plansS

28. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Operation of Use Classes Order on subdivision of planning unitS

29. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Development ordersS

30. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Applications to vary or revoke conditions attached to planning permissionS

31. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Land adversely affecting amenity of neighbourhoodS

32. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

33. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Appeals against notices under section 63AS

34. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Purchase notices : transmission of documents to the Secretary of StateS

35. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Purchase notice relating to land where use restricted by virtue of previous planning permissionS

36. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Consideration of purchase notice concurrently with related planning appealS

37. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

National Scenic AreasS

38. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Recovery of expenses of local inquiryS

39. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Orders as to expenses of parties where no local inquiry heldS

40. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Procedure on applications and appeals disposed of without inquiry or hearingS

41. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Power to return appeal for determination by appointed personS

42. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Appointment of assessorsS

43. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Increase of daily penalties for offencesS

44. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Other minor amendments of the Town and Country Planning (Scotland) Act 1972S

45. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

46. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

47. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

48. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

49. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

50. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

51. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

52. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

53. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Consequential amendments of the Town and Country Planning (Scotland) Act 1972S

54. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

55. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

56. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

57. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

58. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

59. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

60. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Consequential amendments of other enactmentsS

61. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

62. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Sections 24(3), 39(4), 49(2) and 53(2).

SCHEDULE 12E+W+S Repeals

Part IE+W+S Housing

Repeals coming into force on passing of ActE+W

ChapterShort titleExtent of Repeal
1985 c. 71.Housing (Consequential Provisions) Act 1985.In Schedule 2, in paragraph 24(8)—
(a) in sub-paragraph (d), the words from “for ’section 60” to “1985’ and”;
(b) in sub-paragraph (e), the words from “for the” to “Schedule’ and”;
(c) sub-paragraph (f).

Repeals coming into force on appointed dayE+W+S

ChapterShort titleExtent of repeal
1975 c. 28.Housing Rents and Subsidies (Scotland) Act 1975.Section 5(6).
1977 c. 42.Rent Act 1977.In section 69(1), the words “(to be known as a certificate of fair rent)”.
In section 70(1), the word “and” before paragraph (b).
In Schedule 12, in paragraph 3, the words “unless the dwelling-house is subject to a regulated tenancy”.
1980 c. 51.Housing Act 1980.Section 56(3).
Section 140.
1980 c. 65.Local Government, Planning and Land Act 1980.Section 156(3).
1981 c. 64.New Towns Act 1981.Section 43(3) and (4).
Section 49(b) and (c).
1985 c. 51.Local Government Act 1985.In Schedule 13, in paragraph 14, sub-paragraph (d) and the word “and” preceding it.
In Schedule 14, paragraph 58(e).
1985 c. 68.Housing Act 1985.Section 30(2).
Section 46.
In section 127, the word “and” at the end of paragraph (a).
In section 452(2), the definition of “housing authority”.
Section 453(2).
In Schedule 4, in paragraph 7(1), the words from “a housing co-operative” to “management functions)”.
In Schedule 6, in paragraph 14(2), the words following paragraph (c).
1985 c. 71.Housing (Consequential Provisions) Act 1985.In Schedule 2, paragraphs 27, 35(3), 44(3), and 45(2).

Part IIE+W+S Opencast Coal

ChapterShort titleExtent of repeal
6 & 7 Eliz. 2 c. 69.Opencast Coal Act 1958.Sections 1 and 2.
Section 9(2).
In section 18(2), the words “(apart from this Act)”.
In section 39(10), the words “First or”.
Section 46(2).
Section 48.
In section 51, in subsection (1), the definitions of “the authorised purposes” and “authorised operations”.
Section 53(2).
Schedule 1.
In Schedule 9, in paragraph 3(2), the words “under the First Schedule to this Act, or”.
Schedule 10.
1971 c. 78.Town and Country Planning Act 1971.Section 60(10)(a).
In section 216(3), in paragraph (a), the words “or the National Coal Board” and in paragraph (b), the words from “or” to “1958”.
1972 c. 52.Town and Country Planning (Scotland) Act 1972.Section 58(10)(a).
In section 205(3) and 205A(3), in paragraph (a) the words “or the National Coal Board” and in paragraph (b) the words from “or” to “1958”.
1975 c. 56.Coal Industry Act 1975.Section 5.
In Schedule 3, paragraphs 3 and 11.
Schedule 4.
1981 c. 67.Acquisition of Land Act 1981.In Schedule 4, paragraph 11(5).
1986 c. 5.Agricultural Holdings Act 1986.In Schedule 14, paragraph 25.

Part IIIE+W Miscellaneous (England and Wales)

ChapterShort titleExtent of repeal
62 & 63 Vict. c. 19.Electric Lighting (Clauses) Act 1899.In the Schedule, in section 10(b), the words “and the express consent of the local authority also”.
16 & 17 Geo. 5 c. 51.Electricity (Supply) Act 1926.In Schedule 6, the entry relating to section 21 of the Electricity (Supply) Act 1919.
8 & 9 Geo. 6 c. 43.Requisitioned Land and War Works Act 1945.Section 52.
10 & 11 Geo. 6 c. 51.Town and Country Planning Act 1947.In Schedule 8, the entry relating to section 21 of the Electricity (Supply) Act 1919.
10 & 11 Geo. 6 c. 54.Electricity Act 1947.In Part I of Schedule 4, the entry relating to section 21 of the Electricity (Supply) Act 1919.
11 & 12 Geo. 6 c. 17.Requisitioned Land and War Works Act 1948.In the Schedule, paragraph 10.
5 & 6 Eliz. 2 c. 48.Electricity Act 1957.In section 33(3), the words “and the next following”.
1968 c. 14.Public Expenditure and Receipts Act 1968.In Schedule 3, in paragraph 6, the entry relating to section 290(4) of the Local Government Act 1933.
1971 c. 78.Town and Country Planning Act 1971.In section 29A—
(a) in subsection (2), the definition of “the Code of Practice for Access of the Disabled to Buildings”;
(b) subsection (3).
Section 29B(2) and (3).
In section 32(2), in the proviso, the words “of sections 66 to 86”.
In section 55(4), the words “under section 56 of this Act”.
Sections 66 to 86.
Section 88B(4).
Section 105(1)(c).
Section 110(1).
In section 147(3), the words from “or in respect of” to the end.
Section 151.
Section 165(4).
In section 169—
(a) subsection (5);
(b) in subsection (7), the words from “and no compensation” to the end.
In section 180(4), the words from “and no account” to the end.
Section 185.
Section 191(2).
In section 237(5), the words from “and no compensation” to the end.
Sections 250 to 252.
In section 260(1)(d), the words “grants in accordance with regulations made under section 250 of this Act or”.
In section 287—
(a) in subsection (4), the words “69, 73(6), 74(4), 75(8)”;
(b) in subsection (5)(b), the words “69, 73(6), 75(8) or” and the words from “or an order under section 74(4)” to the end;
(c) subsection (7);
(d) subsection (9).
In section 290(1)—
(a) in the definition of “building”, the words in parenthesis;
(b) the definition of “industrial development certificate”.
Schedules 12 and 13.
In Schedule 21—
(a) in Part I, the references to sections 250, 251(1) and 252;
(b) in Part II, the references to sections 79 to 81;
(c) in Part III, the references to sections 72 and 251(2) to (5);
(d) in Part V, the references to sections 72 and 73 to 86.
In Schedule 24, paragraphs 20A, 26 to 30 and 70.
1972 c. 42.Town and Country Planning (Amendment) Act 1972.Sections 5 and 6.
1972 c. 70.Local Government Act 1972.In section 182(1), the words from “(2A)” to the end.
Section 183(2).
In section 250(4), the words from “(including” to “in the inquiry)”.
In Schedule 16, paragraphs 1 to 3.
1974 c. 7.Local Government Act 1974.In Schedule 6, paragraph 25(4).
1974 c. 32.Town and Country Amenities Act 1974.Section 3(1).
Section 5.
1976 c. 70.Land Drainage Act 1976.In section 96(5), the words from “including” to “in the inquiry)”.
1977 c. 40.Control of Office Development Act 1977.The whole Act.
1980 c. 65.Local Government, Planning and Land Act 1980.Section 88.
In section 134—
(a) in subsection (1), the words “Subject to subsection (2) below,”;
(b) subsection (2).
In Schedule 14, paragraphs 6 to 8.
In Schedule 15, paragraphs 1 and 16.
In Part I of Schedule 29, in the entry relating to section 65, the word “waste”.
1981 c. 67.Acquisition of Land Act 1981.In Schedule 4, in paragraph 1, in the entry relating to the Local Government Act 1972, the words “section 125(4) and (7)”.
1982 c. 30.Local Government (Miscellaneous Provisions) Act 1982.In Schedule 6, in the Table in paragraph 7(b) the entries relating to ss. 15 and 15A of the Town and Country Planning Act 1971.
1982 c. 52.Industrial Development Act 1982.Section 15(1)(b).
In Part II of Schedule 2, paragraph 7(1).
1983 c. 47.National Heritage Act 1983.In Schedule 4, paragraph 18.
Schedule 5, paragraph 6.
1984 c. 27.Road Traffic Regulation Act 1984.In section 129(1)(d), the words from “(including” to “in the inquiry)”.
1985 c. 51.Local Government Act 1985.Section 3(2).
In Schedule 2, paragraph 1(8).

Part IVS Miscellaneous (Scotland)

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Annotations are used to give authority for changes and other effects on the legislation you are viewing and to convey editorial information. They appear at the foot of the relevant provision or under the associated heading. Annotations are categorised by annotation type, such as F-notes for textual amendments and I-notes for commencement information (a full list can be found in the Editorial Practice Guide). Each annotation is identified by a sequential reference number. For F-notes, M-notes and X-notes, the number also appears in bold superscript at the relevant location in the text. All annotations contain links to the affecting legislation.

Commencement Information

I15Sch. 12 Pt. IV partly in force; Sch. 12 Pt. IV not in force at Royal Assent see s. 57(1)-(3); Sch. 12 Pt. IV in force for specified purposes at 1.6.1996 by S.I. 1996/1276, art. 2(b), Sch.

ChapterShort titleExtent of repeal
1968 c. 14.Public Expenditure and Receipts Act 1968.In Schedule 3, in paragraph 6, the entry relating to section 355(8) of the Local Government (Scotland) Act 1947.
1972 c. 52.Town and Country Planning (Scotland) Act 1972.In section 29(2), in the proviso, the words “of sections 64 to 83”.
In section 53(2), the word “only” and the words “(in this Act referred to as listed building consent)”.
In section 53(4) the words “under section 54 of this Act,”.
In section 63(1A), the words from “ ; and references” to “construed”.
Sections 64 to 83.
Section 85(8).
In section 136(3) the words from “or in respect of” to the end.
Section 140.
Section 154(4).
In section 158—
(a) Subsection (5).
(b) In subsection (7) the words from “and no compensation” to the end.
In section 169(4) the words from “and no account” to the end.
Section 174.
Section 180(2).
In section 226(5) the words from “and no compensation” to the end.
Section 231(2)(e).
In section 233(3), the words “(other than an order under section 203(1)(a) of this Act)”.
Sections 237 to 239.
In section 247(1)(d), the words from “in accordance” to “grants”.
In section 273—
(a) In subsection (4), the words “67, 71(6), 72(4), 73(8)”.
(b) In subsection (5) the words “67, 71(6), 73(8)”.
(c) Subsections (7) to (9).
In section 275(1)—
(a) In the definition of “building”, the words “, except in sections 71 to 83 of this Act,”.
(b) the definition of “industrial development certificate”.
In Schedule 19—
(a) in Part I, the reference to sections 237, 238(1) and 239;
(b) in Part II, the references to sections 77 to 79 and 83;
(c) in Part III, the reference to section 70.
In Schedule 22, paragraphs 22 to 25 and 60.
1974 c. 32.Town and Country Amendment Act 1974.Section 5.
1980 c. 65.Local Government Planning and Land Act 1980.In section 134(1) the words “Subject to subsection (2) below,”.
In Part I of Schedule 30, in the entry relating to section 63, the word “waste”.
1982 c. 52.Industrial Development Act 1982.Section 15(1)(b).
Paragraph 10 of Part II of Schedule 2.
1984 c. 27.Road Traffic Regulation Act 1984.In section 129(1)(d) the words from “(including” to “in the inquiry”.

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