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Local Government and Housing Act 1989

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  • Act modified by S.I. 2008/3002 art. 7 (This amendment comes into force on the day 2008 c. 4, s. 5 comes into force, see art. 1(2). That provision was brought into force on 1.12.2008 by S.I. 2008/3068, art. 2(1)(b))
  • Blanket amendment words substituted by S.I. 2011/1043 art. 3 6

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Commencement Orders bringing legislation that affects this Act into force:

SCHEDULES

Section 15.

SCHEDULE 1E+W+SPolitical Balance on Local Authority Committees etc.

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Modifications etc. (not altering text)

C1Sch. 1 applied (with modifications) (8.5.2000) by 1999 c. 29, s. 57 (with Sch. 12 para. 9(1)); S.I. 2000/801, art. 2(2)(b), Sch. Pt. 2

Commencement Information

I1Sch. 1 partly in force; Sch. 1 not in force at Royal Assent see s. 195(2); Sch. 1 in force for certain purposes at 16.1.1990 by S.I. 1989/2445, art. 4; Sch. 1 in force at 1.8.1990 as it applies in relation to England and Wales and in so far as it is not already in force by S.I. 1990/1552, art. 3.

Bodies to which section 15 appliesE+W+S

1Subject to such exceptions as may be prescribed by regulations made by the Secretary of State, section 15 of this Act applies, in relation to any relevant authority or committee of a relevant authority—

(a)to any ordinary committee or ordinary sub-committee of the authority;

(b)to any advisory committee of the authority and to any sub-committee appointed by such an advisory committee; and

(c)to any such body falling within paragraph 2 below as is a body at least three seats on which fall from time to time to be filled by appointments made by the authority or committee.

2(1)For the purposes of paragraph 1 above, in its application in relation to relevant authorities in England and Wales or the committees of such authorities, a body falls within this paragraph if it is a body of any of the following descriptions, that is to say—E+W+S

(a)a relevant authority which is a local authority of any of the descriptions specified in [F1paragraphs (f) or (h) to (j)]of section 21(1) of this Act;

(b)a local authority of any of the descriptions specified in [F2paragraphs (k), F3. . .and (n)]of section 21(1) of this Act;

[F4(ba)a National Park authority;]

[F5(bb)a conservation board established by order under section 86 of the Countryside and Rights of Way Act 2000;]

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

(d)a local fisheries committee for any sea fisheries district;

(e)a committee established in accordance with any regulations made by virtueof section 7 of the M1Superannuation Act 1972 (regulations making provision for the superannuation of persons employed in local government service etc.);

F6(f). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(g)a board or committee appointed by one or more relevant authorities in exercise of a power conferred by a local enactment, being a board or committee seats on which are required to be filled by the appointment of members of that authority or of those authorities;

(h)a joint committee not falling within sub-paragraphs (a) to (g) above appointed by two or more relevant authorities under section 102(1)(b) of the M2Local Government Act 1972.

(2)For the purposes of paragraph 1 above, in its application in relation to relevant authorities in Scotland or to the committees of such authorities, a body falls within this paragraph if it is—

(a)a joint board within the meaning of section 235(1) of the M3Local Government (Scotland) Act 1973;

(b)a board or committee appointed by one or more relevant authorities in exercise of a power conferred by a local enactment, being a board or committee seats on which are required to be filled by the appointment of members of that authority or of those authorities;

(c)a joint committee appointed by two or more relevant authorities under section 57(1)(b) of the Local Government (Scotland) Act 1973.

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Amendments (Textual)

F1Words in Sch. 1 para. 2(1)(a) substituted (1.10.1994 for certain purposes otherwise 1.4.1995) by 1994 c. 29, s. 43, Sch. 4 Pt. I para. 44(a); S.I. 1994/2025, art. 6(1)(2)(g); S.I. 1994/3262, art. 4, Sch. (subject to transitional provision in art. 5)

F3Word “(m)" in Sch. 1 para. 2(1)(b) repealed (1.4.1997) by 1995 c. 25, s. 120(3), Sch. 24 (with ss. 7(6), 115, 117, Sch. 8 para. 7); S.I. 1996/2560, art. 2, Sch.

Marginal Citations

Construction of sections 15 to 17E+W+S

3(1)The Secretary of State may, for the purposes of sections 15 and 16 of this Act, by regulations make provision—E+W+S

(a)as to the circumstances in which the members of a relevant authority are to be treated as divided into different political groups;

(b)as to the persons who are to be treated as members of such a group and as to when a person is to be treated as having ceased to be a member of such agroup;

(c)requiring the question whether a person is or is not a member of a political group to be determined in such manner as may be provided for by or under the regulations;

(d)specifying the manner in which, and times at which, the wishes of such a group are to be expressed and the consequences of a failure by such a group to express its wishes.

(2)Regulations under this paragraph may make provision modifying the provisions of sections 15 and 16 of this Act in relation to any case in which some of the members of a relevant authority fall to be treated as members of one or more political groups and the others do not.

4(1)In sections 15 to 17 of this Act and this Schedule—E+W+S

  • advisory committee”, in relation to a relevant authority,means a committee appointed by the authority under section 102(4) of the M4Local Government Act 1972 or section 57(4) of the M5Local Government (Scotland) Act 1973 (advisory committees);

  • F7. . .

  • membership”, in relation to a relevant authority, means the number of persons who are for the time being members of the authority, disregarding any person who is treated as continuing to be a member of the authority by virtue of section 3(3) of the Local Government Act 1972 (chairman to continue as a member until replaced);

  • ordinary committee”—

    (a)

    in relation to any relevant authority in England and Wales, means the authority’s F8. . . social services committee or any other committee of the authority appointed under section 102(1)(a) of the Local Government Act 1972, not being a body to which section 15 of this Act applies by virtue of paragraph 2 above; and

    (b)

    in relation to any relevant authority in Scotland, means F9. . . any committee of the authority appointed under section 57(1)(a) of the Local Government (Scotland) Act 1973;

  • relevant authority”—

    (a)

    in relation to England and Wales, means a local authority of any of the descriptions specified in [F10paragraphs (a) to (c), (f) or (h) to (j)] of section 21(1)of this Act; and

    (b)

    in relation to Scotland, means a local authority;

    and

  • seat”, in relation to a body to which section 15 of this Act applies, means such a position as a member of that body as—

    (a)

    entitles the person holding the position to vote at meetings of the body on any question which falls to be decided at such a meeting; and

    (b)

    in the case of a position as member of an advisory committee or of a sub-committee appointed by an advisory committee, is not a position which the authority or committee have determined must be filled by the appointment of a person who is not a member of the authority.

(2)In this Schedule—

  • ordinary sub-committee”—

    (a)

    in relation to any relevant authority in England and Wales, means any sub-committee of the authority’s F11. . . social services committee or any other sub-committee of that authority appointed under section102(1)(c) of the M6Local Government Act 1972 by an ordinary committee of that authority; and

    (b)

    in relation to any relevant authority in Scotland, means any sub-committee of an ordinary committee;

  • social services committee”, in relation to any relevant authority in England and Wales, means any committee established by the authority under section 2 of the M7Local Authority Social Services Act 1970; F12. . .

  • F12. . ..

(3)References in this paragraph to voting include references to making use of a casting vote.

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Amendments (Textual)

F7Sch. 1 para. 4(1): definition of

education committee

repealed (1.4.1994) by 1993 c. 35, s. 307(1)(3), Sch. 19 para. 157(a)(ii), Sch. 21 Pt. II; S.I. 1994/507, art. 4 Sch. 2

F8Sch. 1 para. 4(1): Words in definition of

ordinary committee

repealed (1.4.1994) by 1993 c. 35, s. 307(1)(3), Sch. 19 para. 157(a)(i), Sch. 21 Pt. II; S.I. 1994/507, art. 4 Sch. 2

F9Sch. 1 para. 4(1): words in definition of

ordinary committee

repealed (1.4.1996) by 1994 c. 39, s. 180(2), Sch. 14 (with s. 128(8)); S.I. 1996/323, art. 4(1)(d), Sch. 2

F10Sch. 1 para. 4(1): words in definition of “relevant authority" substituted (1.10.1994 for certain purposes otherwise 1.4.1995) by 1994 c. 29, s. 43, Sch. 4 Pt. I para. 44(b); S.I. 1994/2025, art. 6(1)(2)(g); S.I. 1994/3262, art. 4, Sch. (subject to transitional provision in art. 5)

F11Sch. 1 para. 4(2): words in definition of

ordinary sub-committee

repealed (1.4.1994) by 1993 c. 35, s. 307(1)(3), Sch. 19 para. 157(b), Sch. 21 Pt. II; S.I. 1994/507, art. 4 Sch. 2

F12Sch. 1 para. 4(2): definition of

social work committee

and the word “and" immediately preceding it repealed (1.4.1996) by 1994 c. 39, s. 180(2), Sch. 14 (with s. 128(8)); S.I. 1996/323, art. 4(1)(d), Sch. 2

Marginal Citations

M51973c. 65.

Supplemental regulation making powerE+W+S

5Regulations under section 15 or 17 of this Act or under this Schedule may contain such incidental provision and such supplemental, consequential and transitional provision in connection with their other provisions as the Secretary of State considers appropriate.

Prospective

Section 36.

SCHEDULE 2E+W+S Local Government Act 1972, section 137, as amended

137 Power of local authorities to incur expenditure for certain purposes not otherwise authorised.

(1)A local authority may, subject to the provisions of this section, incur expenditure which in their opinion is in the interests of, and will bring direct benefit to, their area or any part of it or all or some of its inhabitants, but a local authority shall not, by virtue of this subsection, incur any expenditure—

(a)for a purpose for which they are, either unconditionally or subject to any limitation or to the satisfaction of any condition, authorised or required to make any payment by or by virtue of any other enactment; nor

(b)unless the direct benefit accruing to their area or any part of it or to all or some of the inhabitants of their area will be commensurate with the expenditure to be incurred.

(1A)In any case where—

(a)by virtue of paragraph (a) of subsection (1) above, a local authority are prohibited from incurring expenditure for a particular purpose, and

(b)the power or duty of the authority to incur expenditure for that purpose is in any respect limited or conditional (whether by being restricted to a particular group of persons or in any other way),

the prohibition in that paragraph shall extend to all expenditure to which that power or duty would apply if it were not subject to any limitationor condition.

(2)It is hereby declared that the power of a local authority to incur expenditure under subsection (1) above includes power to do so by contributing towards the defraying of expenditure by another local authority in or in connection with the exercise of that other authority’s functions.

(2C)A local authority may incur expenditure under subsection (1) above on publicity only by way of assistance to a public body or voluntary organisation where the publicity is incidental to the main purpose for which the assistanceis given; but the following provisions of this section apply to expenditure incurred by a local authority under section 142 below on information as to the services provided by them under this section, or otherwise relating to their functions under this section, as they apply to expenditure incurred under this section.

(2D)In subsection (2C) above—

  • publicity” means any communication, in whatever form,addressed to the public at large or to a section of the public; and

  • voluntary organisation” means a body which is not a public body but whose activities are carried on otherwise than for profit.

(3)A local authority may, subject to the following provisions of this section, incur expenditure on contributions to any of the following funds, that is to say—

(a)the funds of any charitable body in furtherance of its work in the United Kingdom; or

(b)the funds of any body which provides any public service (whether to the public as a whole or to any section of it) in the United Kingdom otherwise than for the purposes of gain; or

(c)any fund which is raised in connection with a particular event directly affecting persons resident in the United Kingdom on behalf of whom a public appeal for contributions has been made by the Lord Mayor of London or the chairman of a principal council or by a committee of which the Lord Mayor of London or the chairman of a principal council is a member or by such a person or body as is referred to in section 83(3)(c) of the Local Government (Scotland) Act 1973.

(4)The expenditure of a local authority under this section in any financial year shall not exceed the amount produced by multiplying—

(a)such sum as is for the time being appropriate to the authority under subsection (4AA) below, by

(b)the relevant population of the authority’s area.

(4AA)For the purposes of subsection (4)(a) above, except in so far as the Secretary of State by order specifies a different sum in relation to an authority of a particular description,—

(a)the sum appropriate to a county council or the council of a non-metropolitan district is £2.50;

(b)the sum appropriate to a metropolitan district council, a London borough council or the Common Council is £5.00; and

(c)the sum appropriate to a parish or community council is £3.50.

(4AB)For the purposes of subsection (4)(b) above the relevant population of a local authority’s area shall be determined in accordance with regulations made by the Secretary of State; and a statutory instrument containing such regulations shall be subject to annulment in pursuance of a resolution of the House of Commons.

(4A)For the purpose of determining whether a local authority have exceeded the limit set out in subsection (4) above, their expenditure in any financial year under this section shall be taken to be the difference between their gross expenditure under this section for that year and the aggregate of the amounts specified in subsection (4B) below.

(4B)The amounts mentioned in subsection (4A) above are—

(a)the amount of any expenditure which forms part of the authority’s gross expenditure for that year under this section and in respect of which any grant has been or is to be paid under any enactment by a Minister of the Crown, within the meaning of the Ministers of the Crown Act 1975 (whether or not the grant covers the whole of the expenditure);

(b)the amount of any repayment in that year of the principal of a loan for the purpose of financing expenditure under this section in any year;

(c)so much of any amount raised by public subscription as is spent in that year for a purpose for which the authority are authorised by this section to incur expenditure;

(d)any grant received by the authority for that year out of the European Regional Development Fund or the Social Fund of the European Economic Community, in so far as the grant is in respect of an activity in relation to which the authority incurred expenditure in that year under this section;

(e)the amount of any repayment in that year of a loan under this section made by the authority in any year; and

(f)the amount of any expenditure—

(i)which is incurred by the authority in that year in circumstances specified in an order made by the Secretary of State; or

(ii)which is incurred by the authority in that year and is of a description so specified; or

(iii)which is defrayed by any grant or other payment to the authority which is made in or in respect of that year and is of a description so specified.

(5)A statutory instrument containing an order under this section may apply to all local authorities or may make different provision in relation to local authorities of different descriptions.

(6)Any such instrument shall be subject to annulment in pursuance of a resolution of either House of Parliament.

(7)The accounts of a local authority by whom expenditure is incurred under this section shall include a separate account of that expenditure, and section 24 of the Local Government Finance Act 1982 (rights of inspection) shall apply in relation to any such separate account of a local authority as it applies in relation to any statement of accounts prepared by them pursuant to regulations under section 23 of that Act.

(9)In this section “local authority” includes the Common Council.

Sections 56, 58, 62 and 63.

SCHEDULE 3E+W Provisions Supplementing Part IV

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Modifications etc. (not altering text)

C2Sch. 3 applied (temp.) (with modifications) (4.5.1995) by S.I. 1995/1041, art. 2, Sch. para. 5

Sch. 3 applied (with modifications) (23.11.1995) by S.I. 1995/2803, art. 19(2), Sch. 7 Pt. II para. 5

Part IE+W Effect of Overspend in 1989-90 on Credit Approvals

1(1)If Part VIII of the M8Local Government, Planning and Land Act 1980 (in this Part of this Schedule referred to as “the 1980 Act”) applied to the prescribed expenditure of a local authority for the financial year 1989-90, it shall be determined whether—E+W

(a)the total of the payment, made (or treated as made) in respect of that prescribed expenditure exceeded

(b)the aggregate of the amounts which, in relation to that authority, fell within paragraphs (a) to (e) of subsection (3) of section 72 of the 1980 Act for that financial year.

(2)If for any local authority there is such an excess as is referred to in sub-paragraph (1) above, it is in the following provisions of this Part of this Schedule referred to as the “1989-90 overspend”of the authority.

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Marginal Citations

2(1)Where a local authority have a 1989-90 overspend, their basic credit approval for the financial year 1990-91 shall be taken to be reduced or, as the case may be, extinguished by deducting from the approval an amount equal to the overspend.E+W

(2)Any reduction or extinguishment of an authority’s basic credit approval under this paragraph shall be regarded as taking place immediately after the approval is received by the authority.

3(1)If a local authority’s 1989-90 overspend exceeds their basic credit approval for the financial year 1990-91 (so that that approval is extinguished) the excess shall be applied in reduction (or extinguishment) of other basic credit approvals issued to the authority in the order in which they are received by the authority until the whole of the excess is so applied.E+W

(2)Any reduction or extinguishment of an authority’s basic credit approval under this paragraph shall be regarded as taking place immediately after the approval is received by the authority.

4Not later than 30th September 1990, each local authority to the prescribed expenditure of which Part VIII of the 1980 Act applied for the financial year 1989-90 shall determine the amount of their 1989-90 overspend (if any).

5In this Part of this Schedule—

(a)prescribed expenditure” has the same meaning as in Part VIIIof the 1980 Act; and

(b)the financial year 1989-90” means the financial year beginning on 1st April 1989 and “the financial year 1990-91” means that beginning on 1st April 1990.

Part IIE+W Non-Monetary Consideration received before April 1990

6This Part of this Schedule applies in any case where—

(a)within the period beginning on 2nd February 1989 and ending on 31st March 1990 a local authority receive any consideration in respect of a disposal or the right to a repayment or payment; and

(b)the disposal occurs or the right to a repayment or payment arises on or after 2nd February 1989; and

(c)if the consideration were received on 1st April 1990, section 61 of this Act would apply in relation to it.

7(1)On the assumption that the consideration falling within paragraph 6 above was received by the local authority on 1st April 1990, there shall be determined, in accordance with section 61 of this Act, the amount of the notional capital receipt referable to the consideration and, from that, there shall be deducted so much (if any) of the consideration as is in money and is paid within the period referred to in paragraph 6(a) above.E+W

(2)If the amount determined under sub-paragraph (1) above (“the non-monetary consideration”) exceeds the payments (if any) in respect of prescribed expenditure which, in the case in question, the local authority are taken to make for the purposes of Part VIII of the M9Local Government, Planning and Land Act 1980, the local authority shall set aside,as provision to meet credit liabilities, the amount specified in sub-paragraph (3) below and that amount shall be so set aside on 1st April 1990 or, if it is later, at the time of the disposal or the assignment or waiver of the repayment or payment in question.

(3)Except in so far as regulations made or directions given by the Secretary of State otherwise provide, the amount referred to in sub-paragraph (2) above is that which, under section 59 of this Act, would be the reserved part of a capital receipt which—

(a)is of an amount equal to the excess referred to in that sub-paragraph; and

(b)is received in respect of a disposal or a right to a repayment or payment of the description in question.

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Modifications etc. (not altering text)

Marginal Citations

Part IIIE+W Credit Ceiling

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Modifications etc. (not altering text)

C4Sch. 3 Pt. III (paras. 8–14) modified by S.I.1990/432, reg. 24

Sch. 3 Pt. III (paras. 8-14) applied (with modifications) (3.7.2000) by S.I. 2000/1474, art. 2

8(1)Subject to any prescribed modifications, the credit ceiling of a local authority at 1st April 1990 (in this Schedule referred to as the authority’s “initial credit ceiling”) is the amount by which the aggregate of—E+W

(a)so much of any advances made before that date from a loans fund established by the authority under paragraph 15 of Schedule 13 to the M10Local Government Act 1972 as has not been repaid before that date,and

(b)the total cost of the authority’s transitional credit arrangements, as defined in section 52 of this Act, less such (if any) as may be excluded from this paragraph by regulations made by the Secretary of State,

exceeds the total of the receipts which the authority are required to bring into account under paragraph 9 below; and, if there is no such excess, the authority’s initial credit ceiling shall be nil or, as the case may be, a negative amount.

(2)In sub-paragraph (1) above “prescribed” means prescribed by regulations made by the Secretary of State.

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Modifications etc. (not altering text)

C5Sch. 3 para. 8 applied (with modifications) (3.7.2000) by S.I. 2000/1474, art. 2

Marginal Citations

9(1)Subject to sub-paragraph (2) below, the receipts which a local authority are required to bring into account to determine their initial credit ceiling are the following 1980 Act receipts, namely,—E+W

(a)those which on 1st April 1990 are required to be set aside as provision to meet credit liabilities; and

(b)those which, on or before 30th September 1990, the authority determine, in accordance with section 60(2) of this Act, to set aside as provision to meet credit liabilities.

(2)A local authority are not under sub-paragraph (1) above required to bring into account so much of any capital receipt as, in accordance with section 50(3) of this Act, is applied by the authority as provision to meet credit liabilities unless it is so applied in relation to a credit arrangement excluded by regulations under paragraph 11 below.

10(1)At any time on or after 1st April 1990, a local authority’s credit ceiling shall be determined, subject to any prescribed modifications, in accordance with the following provisions of this Part of this Schedule.E+W

(2)In sub-paragraph (1) above “prescribed” means prescribed by regulations made by the Secretary of State.

11(1)If, at any time on or after 1st April 1990, a credit approval is used by a local authority to any extent as mentioned in section 56(3) of this Act, then, subject to sub-paragraph (2) below, the authority’s credit ceiling shall at that time be increased by an amount equal to the extent to which the credit approval is so used.E+W

(2)If, in reliance on a credit approval, a local authority enter into or agree to the variation of a credit arrangement of a description excluded by regulations made by the Secretary of State under this paragraph, no account shall be taken under sub-paragraph (1) above of that use of the credit approval.

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Modifications etc. (not altering text)

12(1)If, at any time on or after 1st April 1990, a local authority set aside an amount as provision to meet credit liabilities (whether or not pursuant to a requirement to do so) then, subject to sub-paragraph (2) below, the authority’s credit ceiling shall at that time be reduced by an amount equal to the amount so set aside (and, by virtue of this paragraph, that ceiling may, accordingly, be a negative amount).E+W

(2)This paragraph does not apply with respect to—

(a)an amount which, in relation to a credit arrangement, other than one excluded by regulations under paragraph 11 above, is applied or charged (as an amount of credit cover) as mentioned in paragraph (b) or paragraph (c) of subsection (3) of section 50 of this Act; or

(b)a 1980 Act receipt which, in accordance with paragraph 9 above, is brought into account to determine the authority’s initial credit ceiling; or

(c)so much of an amount set aside under section 63 of this Act as provision to meet credit liabilities as (in accordance with Part IV of this Schedule) is referable to notional interest on credit arrangements.

(3)For the purposes of this paragraph, an amount set aside under subsection (1) of section 63 of this Act in respect of any financial year shall be treated as set aside on the last day of that year.

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Modifications etc. (not altering text)

13If, at any time on or after 1st April 1990 a local authority apply or transfer under subsection (2) of section 64 of this Act an amount set aside as mentioned in subsection (1) of that section, the authority’s credit ceiling shall at that time be increased by an amount equal to the amount so applied or transferred.

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Modifications etc. (not altering text)

14(1)If, at any time on or after 1st April 1990, any debt of a local authority is reduced or extinguished by virtue of such a payment as is referred to insection 157(1)(b) of this Act, the authority’s credit ceiling shall at that time be reduced by an amount equal to the reduction in the debt or, as the case may be, to the amount of the extinguished debt (and, by virtue of this paragraph, the credit ceiling may, accordingly, be a negative amount).E+W

(2)If, at any time on or after 1st April 1990, a local authority are required under section 157(7)(b) of this Act to repay or pay any sum to the Secretary of State, the authority’s credit ceiling shall at the time that sum is repaid or paid be increased by an amount equal to that sum.

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Modifications etc. (not altering text)

Part IVE+W Minimum Revenue Provision

15(1)Subject to sub-paragraphs (2) and (3) below, for any financial year other than that beginning on 1st April 1990, a local authority’s minimum revenue provision shall be the aggregate of—E+W

(a)an amount in respect of principal which, except in so far as regulations made by the Secretary of State otherwise provide, shall be the prescribed percentage of the authority’s adjusted credit ceiling on the last day of the immediately preceding year; and

(b)an amount in respect of notional interest on each credit arrangement entered into by the authority which came into being before the beginning of that year, other than an arrangement excluded by regulations under paragraph 11 above.

(2)If a local authority’s credit ceiling on the last day of a financial year is nil or a negative amount, the authority’s minimum revenue provision for the immediately following financial year shall be nil.

(3)In the case of a credit arrangement falling within section 49(3) of this Act, the Secretary of State may by regulations provide that the amount referred to in sub-paragraph (1)(b) above is nil.

16(1)Subject to sub-paragraphs (2) and (3) below, for the financial year beginning on 1st April 1990, a local authority’s minimum revenue provision shall be the aggregate of—E+W

(a)an amount in respect of principal which, except in so far as regulations made by the Secretary of State otherwise provide, shall be the prescribed percentage of the authority’s adjusted initial credit ceiling; and

(b)an amount in respect of notional interest on each transitional credit arrangement entered into by the authority, other than an arrangement excluded by regulations under paragraph 11 above.

(2)If a local authority’s initial credit ceiling is nil or a negative amount,the authority’s minimum revenue provision for the financial year referred to in sub-paragraph (1) above shall be nil.

(3)In the case of a transitional credit arrangement falling within section 49(3) of this Act, the Secretary of State may by regulations provide that the amount referred to in sub-paragraph (1)(b) above is nil.

17In paragraphs 15(1)(a) and 16(1)(a) above “the prescribed percentage” means such percentage, which maybe any percentage from nil to 100, as may be prescribed by regulations madeby the Secretary of State; and different percentages may be so prescribed in relation to different amounts taken into account in determining an authority’s adjusted credit ceiling or initial credit ceiling.

18(1)Any reference in this Part of this Schedule to an authority’s adjusted credit ceiling at any time or their adjusted initial credit ceiling is areference to their credit ceiling or, as the case may be, initial credit ceiling, determined in accordance with Part III of this Schedule as modified, in such manner as the Secretary of State considers appropriate, by regulations made by him for the purposes of this Part of this Schedule.E+W

(2)Without prejudice to the generality of sub-paragraph (1) above, for the purpose of determining an authority’s adjusted credit ceiling or adjusted initial credit ceiling at any time, regulations under this paragraph may require amounts which are taken into account in determining the authority’scredit ceiling or initial credit ceiling to be treated as having been repaid, in whole or in part, by reference to amounts set aside as provision for credit liabilities and also, in such cases as may be specified in the regulations, may require a local authority to determine which of the amounts so taken into account are to be treated as so repaid.

19(1)Subject to paragraphs 15(3) and 16(3) above, for any financial year, the amount referred to in paragraph 15(1)(b) or paragraph 16(1)(b) above in respect of notional interest on a credit arrangement is that determined by the formula—E+W

where, subject to sub-paragraphs (2) and (3) below,—

  • a” is the cost of the arrangement on 1st April in that financial year; and

  • b” is the percentage rate of discount prescribed under section49(2) of this Act for the financial year in which the arrangement came into being or, in the case of a transitional credit arrangement, for the financial year beginning on 1st April 1990.

(2)In the case of a credit arrangement which has been varied as mentioned insection 51(1) of this Act, “b” in the formula in sub-paragraph (1) above is the percentage rate of discount prescribed under section 49(2) of this Act for the financial year in which the arrangement was so varied or, as the case may be, last varied.

(3)In the case of a credit arrangement falling within section 49(3) of this Act, the Secretary of State may by regulations provide that “b” in the formula in sub-paragraph (1) above shall be such figure as may be specified in, or determined under, the regulations.

20Regulations under this Part of this Schedule—

(a)may make provision by reference to amounts determined by local authorities in respect of particular financial years; and

(b)may require such determinations to be made within such time limits as maybe specified in the regulations.

Section 75.

SCHEDULE 4E+W The Keeping of the Housing Revenue Account

Part IE+W Credits to the Account

For each year a local housing authority who are required to keep a Housing Revenue Account (“the account”) shall carry to the credit of the account amounts equal to the items listed in this Part of this Schedule.

Item 1: rentsE+W

The income of the authority for the year from rents and charges in respect of houses and other property within the account.

This item includes rent remitted by way of rebate.

Item 2: charges for services and facilitiesE+W

The income of the authority for the year in respect of services or facilities provided by them in connection with the provision by them of houses and other property within the account—

(a) including income in respect of services or facilities provided under sections 10 and 11 of the M11Housing Act 1985 (power to provide furniture, board and laundry facilities); but

(b) not including payments for the purchase of furniture or hire-purchase instalments for furniture.

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Marginal Citations

If the Secretary of State so directs, this item shall include, or not include, such income as may be determined by or under the direction [F13or income in respect of services provided under section 11A of that Act (power to provide welfare services)].

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Amendments (Textual)

F13Sch. 4 Pt. I shall have effect, and be deemed always to have had effect as if words in item 2 para. (b) were inserted, by 1993 c. 28, ss.127(a), 128

Item 3: Housing Revenue Account subsidyE+W

Housing Revenue Account subsidy payable to the authority for the year.

Item 4: contributions towards expenditureE+W

Contributions of any description payable to the authority for the year towards expenditure falling to be debited to the account (for that or any other year).

If the Secretary of State so directs, this item shall not include so much of any such contributions as may be determined by or under the direction.

Item 5: housing benefit transfersE+W

Sums transferred for the year from some other revenue account of theauthority in accordance with section 30(6) of the M12Social Security Act 1986 (housing benefit transfers).

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Marginal Citations

Item 6: transfers from the Housing Repairs AccountE+W

Sums transferred for the year from the authority’s Housing Repairs Account in accordance with section 77(5) of this Act (credit balance for year).

Item 7: reduced provision for bad or doubtful debtsE+W

The following, namely—

(a) any sums debited to the account for a previous year under paragraph (a) of item 7 of Part II of this Schedule which have been recovered by the authority during the year; and

(b) any amount by which, in the opinion of the authority, any provision debited to the account for a previous year under paragraph (b) of that item should be reduced.

If the Secretary of State so directs, no sums shall be credited under paragraph (a) above, and no amount shall be credited under paragraph (b)above, except (in either case) in such circumstances and to such extent as maybe specified in the direction.

Item 8: sums calculated as determined by Secretary of StateE+W

Sums calculated for the year in accordance with such formulae as the Secretary of State may from time to time determine.

In determining any formula for the purposes of this item, the Secretary of State may include variables framed (in whatever way he considers appropriate) by reference to such matters relating to the authority, or to (or to tenants of) houses and other property which are or have been within the account, as he thinks fit.

Item 9: sums directed by Secretary of StateE+W

Any sums which for the year the Secretary of State directs the authority to carry to the credit of the account from some other revenue account of theirs.

Item 10: credit balance from previous yearE+W

Any credit balance shown in the account for the previous year.

This item does not include so much of any such balance so shown as is carried to the credit of some other revenue account of the authority in accordance with paragraph 1 or 2 of Part III of this Schedule.

Part IIE+W Debits to the Account

For each year a local housing authority who are required to keep a Housing Revenue Account (“the account”) shall carry to the debit of the account amounts equal to the items listed in this Part of this Schedule.

Item 1: expenditure on repairs, maintenance and managementE+W

The expenditure of the authority for the year in respect of the repair, maintenance, supervision and management of houses and other property within the account, but not including expenditure properly debited to the authority’s Housing Repairs Account.

If the Secretary of State so directs, this item shall include, or not include, such expenditure as may be determined by or under the direction.

Item 2: expenditure for capital purposesE+W

Any expenditure of the authority in respect of houses and other property within the account which—

(a) is capital expenditure (other than excluded expenditure) for the year; or

(b) is excluded expenditure for the year, or any previous or subsequent year, which the authority decide should be charged to a revenue account for the year.

In this item “capital expenditure” means expenditure for capital purposes within the meaning of Part IV of this Act and “excluded expenditure” means expenditure excluded from the obligation in section 41(1) of this Act.

Item 3: rents, rates, taxes and other chargesE+W

The rents, rates, taxes and other charges which the authority are liable to pay for the year in respect of houses and other property within the account.

Item 4: rent rebatesE+W

The rent rebates granted for the year to tenants of houses and other property within the account.

Item 5: sums transferred under section 80(2)E+W

Sums transferred for the year to some other revenue account of the authority in accordance with section 80(2) of this Act (Housing Revenue Account subsidy of a negative amount).

Item 6: contributions to Housing Repairs AccountE+W

Sums transferred for the year to the authority’s Housing RepairsAccount.

Item 7: provision for bad or doubtful debtsE+W

The following, namely—

(a) any sums credited to the account for the year or any previous year under item 1 or 2 of Part I of this Schedule which, in the opinion of the authority, are bad debts which should be written off; and

(b) any provision for doubtful debts which, in their opinion, should be made in respect of sums so credited.

If the Secretary of State so directs, no sums shall be debited under paragraph (a) above, and no provision shall be debited under paragraph (b)above, except (in either case) in such circumstances and to such extent as maybe specified in the direction.

Item 8: sums calculated as determined by Secretary of StateE+W

Sums calculated for the year in accordance with such formulae as the Secretary of State may from time to time determine.

In determining any formula for the purposes of this item, the Secretary of State may include variables framed (in whatever way he considers appropriate) by reference to such matters relating to the authority, or to (or to tenants of) houses or other property which are or have been within the account, as he thinks fit.

Item 9: debit balance from previous yearE+W

Any debit balance shown in the account for the previous year.

This item does not include any such balance so shown which is carried to the debit of some other revenue account of the authority in accordance with paragraph 1 of Part III of this Schedule.

Part IIIE+W Special Cases

Balance for year 1989-90E+W

1(1)The following, namely—E+W

(a)any debit balance shown in a local housing authority’s Housing Revenue Account for the year beginning 1st April 1989;

(b)so much of any credit balance so shown as exceeds the limit mentioned in sub-paragraph (2) below,

shall be carried forward and debited or credited, as the case may require, not to their Housing Revenue Account for the year beginning 1st April 1990 but to some other revenue account of theirs for that year.

(2)The limit referred to in sub-paragraph (1) above is £150 multiplied by the number of dwellings in the authority’s Housing Revenue Account on 31st March 1990 or £5 million, whichever is the lesser amount.

Credit balance where no HRA subsidy payableE+W

2A local housing authority to whom no Housing Revenue Account subsidy is payable for any year may carry the whole or part of any credit balance shown in their Housing Revenue Account for that year to the credit of some other revenue account of theirs.

Amenities shared by the whole communityE+W

3(1)Where benefits or amenities—E+W

(a)arising from the exercise of a local housing authority’s functions under Part II of the M13Housing Act 1985 (provision of housing); and

(b)provided for persons housed by the authority,

are shared by the community as a whole, the authority shall make such contributions to their Housing Revenue Account from some other revenue account of theirs as, having regard to the amounts of the contributions and the period over which they are made, will properly reflect the community’s share of the benefits or amenities.

(2)The Secretary of State may give such directions as he considers appropriate as to the performance by local housing authorities of their duty under sub-paragraph (1) above.

(3)Where it appears to the Secretary of State that an authority have failed to comply with sub-paragraph (1) above or any directions under sub-paragraph (2) above, he may give them such directions as appear to him appropriate to ensure compliance.

(4)A direction under sub-paragraph (3) above may contain particulars as to the amounts of the contributions and the years for which they are to be made.

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Marginal Citations

[F14 Provision of welfare services]E+W

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Amendments (Textual)

F14Sch. 4 Pt. III shall have effect, and be deemed always to have had effect as if paragraph 3A and crossheading were inserted after paragraph 3, by 1993 c. 28, ss. 127(b), 128

F153A(1)This paragraph applies where in any year a local housing authority provide welfare services (within the meaning of section 11A of the M14Housing Act 1985) for persons housed by them in houses or other property within their Housing Revenue Account.E+W

(2)The authority may carry to the credit of the account—

(a)an amount equal to the whole or any part of the income of the authority for the year from charges in respect of the provision of those services;

(b)any sum from some other revenue account of theirs which represents the whole or any part of that income.

(3)The authority may carry to the debit of the account—

(a)an amount equal to the whole or any part of the expenditure of the authority for the year in respect of the provision of those services;

(b)any sum from some other revenue account of theirs which represents the whole or any part of that expenditure.

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Amendments (Textual)

F15Sch. 4 Pt. III shall have effect, and be deemed always to have had effect as if paragraph 3A and crossheading were inserted at the end of paragraph 3, by 1993 c. 28, ss. 127(b), 128

Marginal Citations

Land disposed of at less than market valueE+W

4The Secretary of State in giving his consent under any enactment for the disposal at less than market value of land within their Housing Revenue Account may impose a condition requiring the authority to make a contribution to the account from some other revenue account of theirs for such years and of such amount, or of any amount calculated in such manner, as he may determine.

Adjustment of accounts on appropriation of landE+W

5(1)Where land is appropriated by a local housing authority for the purposes of Part II of the M15Housing Act 1985 (provision of housing), or on the discontinuance of use for those purposes, such adjustment shall be made in the Housing Revenue Account, the Housing Repairs Account and other revenue accounts of the authority as the Secretary of State may direct.E+W

(2)Except where sub-paragraph (1) above applies, any direction given under section 24 of the M16Town and Country Planning Act 1959 (adjustment of accounts on appropriation of land) concerning the Housing Revenue Account of a local housing authority shall apply in relation to the account to be kept under section 74 of this Act as it would have applied tothe account to be kept under section 50 of the M17Housing (Financial Provisions) Act 1958.

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Marginal Citations

Transfers of housing stock between authorities in LondonE+W

6(1)Where houses and other property within the Housing Revenue Account have been transferred from one authority to another under section 23(3) of the M18London Government Act 1963 (orders transferring land held by London borough council or Common Council of City of London), the Secretary of State may by order direct, for any of the purposes of this Part of this Act—E+W

(a)within whose Housing Revenue Account the transferred houses and property are to be treated as falling; and

(b)how relevant items are to be treated in the Housing Revenue Accounts of the authorities to whom the order applies.

(2)The order may be made to apply to a description of local housing authorities specified in the order or to a specified local housing authority, and may make different provision in respect of different years or for different purposes in relation to the same year.

(3)An order under this paragraph may amend an order made under section 23(3)of the London Government Act 1963 and may provide that one authority shall pay to another in respect of houses and property to which it relates such amounts calculated by such methods and in respect of such items and such years as appear to the Secretary of State to be appropriate.

(4)An order under this paragraph—

(a)shall be made by the Secretary of State with the concurrence of the Treasury, 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)Before making an order under this paragraph, the Secretary of State shall consult such representatives of local government as appear to him to be appropriate; and, before making an order applying to a particular local housing authority, he shall consult that authority.

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Marginal Citations

Contributions in respect of land in certain areasE+W

7Where a contribution under—

(a)section 259 of the Housing Act 1985 (contributions by Secretary of State towards expenditure on general improvement area); or

(b)section 96 of this Act (contributions by Secretary of State towards expenditure on renewal area),

has been paid towards expenditure incurred by a local housing authority in relation to land held by them for the purposes of Part II of that Act (provision of housing), neither the expenditure nor the contribution shall be carried to the Housing Revenue Account except with the consent of the Secretary of State.

Part IVE+W Supplementary Provisions

Duty to supply informationE+W

1(1)A local housing authority, and any officer or employee of a local housing authority concerned with their housing functions, shall supply the Secretary of State with such information as he may specify, either generally or in any particular case, for the purpose of enabling the Secretary of State to ascertain the state or likely state of the authority’s Housing Revenue Account for any year.E+W

(2)A local housing authority shall supply the Secretary of State with such certificates supporting the information required by him as he may specify.

Directions excluding or modifying statutory provisionsE+W

2(1)The Secretary of State may, as respects any houses or other property within the Housing Revenue Account, direct that all or any of the provisions of this Part of this Act relating to the account shall not apply, or shall apply subject to such modifications as may be specified in the direction.E+W

(2)The Secretary of State may direct that the provisions of this Part of this Act relating to the Housing Revenue Account shall apply to a local housing authority subject to such modifications as are specified in the direction.

(3)A direction may be given for such period and subject to such conditionsas may be specified in the direction.

Orders amending statutory provisionsE+W

3(1)The Secretary of State may by order provide that all or any of the preceding provisions of this Schedule shall have effect subject to such amendments as are specified in the order.E+W

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

Section 139.

SCHEDULE 5E+W Local Government Finance Act 1988: Amendments

IntroductionE+W

1The M19Local Government Finance Act 1988 shall be amended as mentioned in the following provisions of this Schedule.

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Marginal Citations

Community chargesE+W

F162. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

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Amendments (Textual)

F173. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

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Amendments (Textual)

F17Sch. 5 paras. 2-18 repealed (1.4.1993) by 1992 c. 14 s. 117(2), Sch.14 (with s. 118(1)(2)(4)); S.I. 1992/2454, art.3

F184. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

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Amendments (Textual)

F18Sch. 5 paras. 2-18 repealed (1.4.1993) by 1992 c. 14 s. 117(2), Sch. 14 (with s. 118(1)(2)(4)); S.I. 1992/2454, art. 3

F195. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

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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.

Amendments (Textual)

F19Sch. 5 paras. 2-18 repealed (1.4.1993) by 1992 c. 14 s. 117(2), Sch.14 (with s. 118(1)(2)(4)); S.I. 1992/2454, art. 3

F206. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Annotations: Help about Annotation
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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.

Amendments (Textual)

F20Sch. 5 paras. 2-18 repealed (1.4.1993) by 1992 c. 14 s. 117(2), Sch.14 (with s. 118(1)(2)(4)); S.I. 1992/2454, art. 3

F217. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Annotations: Help about Annotation
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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.

Amendments (Textual)

F21Sch. 5 paras. 2-18 repealed (1.4.1993) by 1992 c. 14 s. 117(2), Sch.14 (with s. 118(1)(2)(4)); S.I. 1992/2454, art.3

F228. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Annotations: Help about Annotation
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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.

Amendments (Textual)

F22Sch. 5 paras. 2-18 repealed (1.4.1993) by 1992 c. 14 s. 117(2), Sch. 14 (with s. 118(1)(2)(4)); S.I. 1992/2454, art. 3

F239. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Annotations: Help about Annotation
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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.

Amendments (Textual)

F23Sch. 5 paras. 2-18 repealed (1.4.1993) by 1992 c. 14 s. 117(2), Sch.14 (with s. 118(1)(2)(4)); S.I. 1992/2454, art.3

F2410. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Annotations: Help about Annotation
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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.

Amendments (Textual)

F24Sch. 5 paras. 2-18 repealed (1.4.1993) by 1992 c. 14 s. 117(2), Sch. 14 (with s. 118(1)(2)(4)); S.I. 1992/2454, art. 3

F2511. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

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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.

Amendments (Textual)

F25Sch. 5 paras. 2-18 repealed (1.4.1993) by 1992 c. 14 s. 117(2), Sch. 14 (with s. 118(1)(2)(4)); S.I. 1992/2454, art. 3

F2612. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Annotations: Help about Annotation
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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.

Amendments (Textual)

F26Sch. 5 paras. 2-18 repealed (1.4.1993) by 1992 c. 14 s. 117(2), Sch.14 (with s. 118(1)(2)(4)); S.I. 1992/2454, art. 3

F2713. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Annotations: Help about Annotation
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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.

Amendments (Textual)

F27Sch. 5 paras. 2-18 repealed (1.4.1993) by 1992 c. 14 s. 117(2), Sch. 14 (with s. 118(1)(2)(4)); S.I. 1992/2454, art.3

Charges and multipliersE+W

F2814. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

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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.

Amendments (Textual)

F28Sch. 5 paras. 2-18 repealed (1.4.1993) by 1992 c. 14 s. 117(2), Sch.14 (with s. 118(1)(2)(4)); S.I. 1992/2454, art. 3

F2915. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Annotations: Help about Annotation
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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.

Amendments (Textual)

F29Sch. 5 paras. 2-18 repealed (1.4.1993) by 1992 c. 14 s. 117(2), Sch. 14 (with s. 118(1)(2)(4)); S.I. 1992/2454, art. 3

F3016. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Annotations: Help about Annotation
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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.

Amendments (Textual)

F30Sch. 5 paras. 2-18 repealed (1.4.1993) by 1992 c. 14 s. 117(2), Sch. 14 (with s. 118(1)(2)(4)); S.I. 1992/2454, art.3

F3117. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Annotations: Help about Annotation
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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.

Amendments (Textual)

F31Sch. 5 paras. 2-18 repealed (1.4.1993) by 1992 c. 14 s. 117(2), Sch. 14 (with s. 118(1)(2)(4)); S.I. 1992/2454, art. 3

F3218. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Annotations: Help about Annotation
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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.

Amendments (Textual)

F32Sch. 5 paras. 2-18 repealed (1.4.1993) by 1992 c. 14 s. 117(2), Sch. 14 (with s. 118(1)(2)(4)); S.I. 1992/2454, art. 3

Non-domestic ratingE+W

19In section 41 (local rating lists) the following subsections shall be inserted after subsection (6)—

(6A)As soon as is reasonably practicable after compiling a list the valuation officer shall send a copy of it to the authority.

(6B)As soon as is reasonably practicable after receiving the copy the authority shall deposit it at its principal office.

20In section 42 (contents of local lists) in subsection (4) for paragraphs (a) and (b) there shall be substituted “ the rateable value of the hereditament ”.

21(1)Section 44 (occupied hereditaments: supplementary) shall be amended as follows.E+W

(2)In subsection (2) the words from “or” to the end shall be omitted.

(3)Subsection (3) shall be omitted.

22The following section shall be inserted after section 44—

44A Partly occupied hereditaments.

(1)Where a hereditament is shown in a charging authority’s local non-domestic rating list and it appears to the authority that part of the hereditament is unoccupied but will remain so for a short time only the authority may require the valuation officer for the authority to apportion the rateable value of the hereditament between the occupied and unoccupied parts of the hereditament and to certify the apportionment to the authority.

(2)The reference in subsection (1) above to the rateable value of the hereditament is a reference to the rateable value shown under section 42(4) above as regards the hereditament for the day on which the authority makes its requirement.

(3)For the purposes of this section an apportionment under subsection (1) above shall be treated as applicable for any day which—

(a)falls within the operative period in relation to the apportionment, and

(b)is a day for which the rateable value shown under section 42(4) above as regards the hereditament to which the apportionment relates is the same as that so shown for the day on which the authority requires the apportionment.

(4)References in this section to the operative period in relation to an apportionment are references to the period beginning—

(a)where requiring the apportionment does not have the effect of bringing to an end the operative period in relation to a previous apportionment under subsection (1) above, with the day on which the hereditament to which the apportionment relates became partly unoccupied, and

(b)where requiring the apportionment does have the effect of bringing to an end the operative period in relation to a previous apportionment under subsection (1) above, with the day immediately following the end of that period,

and ending with the first day on which one or more of the events listed below occurs.

(5)The events are—

(a)the occupation of any of the unoccupied part of the hereditament to which the apportionment relates;

(b)the ending of the rate period in which the authority requires the apportionment;

(c)the requiring of a further apportionment under subsection (1) above in relation to the hereditament to which the apportionment relates;

(d)the hereditament to which the apportionment relates becoming completely unoccupied.

(6)Subsection (7) below applies where—

(a)a charging authority requires an apportionment under subsection (1) above,and

(b)the hereditament to which the apportionment relates does not fall within a class prescribed under section 45(1)(d) below.

(7)In relation to any day for which the apportionment is applicable, section 43 above shall have effect as regards the hereditament as if the following subsections were substituted for section 44(2)—

(2)A is such part of the rateable value shown for the day under section 42(4) above as regards the hereditament as is assigned by the relevant apportionment to the occupied part of the hereditament.

(2A)In subsection (2) above “the relevant apportionment” means the apportionment under section 44A(1) below which relates to the hereditament and is treated for the purposes of section 44A below as applicable for the day.

(8)Subsection (9) below applies where—

(a)a charging authority requires an apportionment under subsection (1) above,and

(b)the hereditament to which the apportionment relates falls within a class prescribed under section 45(1)(d) below.

(9)In relation to any day for which the apportionment is applicable, section 43 above shall have effect as regards the hereditament as if the following subsections were substituted for section 44(2)—

(2)A is the sum of—

(a)such part of the rateable value shown for the day under section 42(4) above as regards the hereditament as is assigned by the relevant apportionment to the occupied part of the hereditament, and

(b)one half of such part of that rateable value as is assigned by the relevant apportionment to the unoccupied part of the hereditament.

(2A)In subsection (2) above “the relevant apportionment” means the apportionment under section 44A(1) below which relates to the hereditament and is treated for the purposes of section 44A below as applicable for the day.

(10)References in subsections (1) to (5) above to the hereditament, in relation to a hereditament which is partly domestic property or partly exempt from local non-domestic rating, shall, except where the reference is to the rateable value of the hereditament, be construed as references to such part of the hereditament as is neither domestic property nor exempt from local non-domestic rating.

23(1)Section 45 (unoccupied hereditaments: liability) shall be amended as follows.E+W

(2)In subsection (1)(d) for “description” there shall be substituted “ class ”.

(3)The following subsections shall be inserted after subsection (8)—

(9)For the purposes of subsection (1)(d) above a class may be prescribed by reference to such factors as the Secretary of State sees fit.

(10)Without prejudice to the generality of subsection (9) above, a class maybe prescribed by reference to one or more of the following factors—

(a)the physical characteristics of hereditaments;

(b)the fact that hereditaments have been unoccupied at any time preceding the day mentioned in subsection (1) above;

(c)the fact that the owners of hereditaments fall within prescribed descriptions.

24In section 46 (unoccupied hereditaments: supplementary) in subsection (2) the words from “or” to the end shall be omitted.

25The following section shall be inserted after section 46—

46A Unoccupied hereditaments: new buildings.

(1)Schedule 4A below (which makes provision with respect to the determination of a day as the completion day in relation to a new building) shall have effect.

(2)Where—

(a)a completion notice is served under Schedule 4A below, and

(b)the building to which the notice relates is not completed on or before the relevant day,

then for the purposes of section 42 above and Schedule 6 below the building shall be deemed to be completed on that day.

(3)For the purposes of subsection (2) above the relevant day in relation to a completion notice is—

(a)where an appeal against the notice is brought under paragraph 4 of Schedule 4A below, the day stated in the notice, and

(b)where no appeal against the notice is brought under that paragraph, the day determined under that Schedule as the completion day in relation to the building to which the notice relates.

(4)Where—

(a)a day is determined under Schedule 4A below as the completion day in relation to a new building, and

(b)the building is not occupied on that day,

it shall be deemed for the purposes of section 45 above to become unoccupied on that day.

(5)Where—

(a)a day is determined under Schedule 4A below as the completion day in relation to a new building, and

(b)the building is one produced by the structural alteration of an existing building,

the hereditament which comprised the existing building shall be deemed for the purposes of section 45 above to have ceased to exist, and to have been omitted from the list, on that day.

(6)In this section—

(a)building” includes part of a building, and

(b)references to a new building include references to a building produced by the structural alteration of an existing building where the existing building is comprised in a hereditament which, by virtue of the alteration, becomes,or becomes part of, a different hereditament or different hereditaments.

26(1)Section 47 (discretionary relief) shall be amended as follows.E+W

(2)In subsection (1)(b) for “regulations under section 57 below or regulations under section 58 below” there shall be substituted “ regulations under section 58 below or any provision of or made under Schedule 7A below ”.

(3)In subsection (5) for “57 or 58 below” there shall be substituted “ 58 below and of any provision of or made under Schedule 7A below ”.

27In section 49 (reduction or remission of liability) in subsection (3) for the words from “and the effect” to the end of the subsection there shall be substituted “ , the effect of any regulations under section 58 below, and the effect of any provision of or made under Schedule 7A below. ”

28In section 52 (central rating lists) the following subsections shall be inserted after subsection (6)—

(6A)As soon as is reasonably practicable after compiling a list the central valuation officer shall send a copy of it to the Secretary of State.

(6B)As soon as is reasonably practicable after receiving the copy the Secretary of State shall deposit it at his principal office.

29(1)Section 53 (contents of central lists) shall be amended as follows.E+W

(2)In subsection (1) for “a description” there shall be substituted “ one or more descriptions ”.

(3)In subsection (2)(b) for “the” there shall be substituted “ any ”.

(4)For subsection (4) there shall be substituted the following subsections—

(4)Where regulations are for the time being in force under this section prescribing a description of non-domestic hereditament in relation to a person designated in the regulations (“the previously designated person”), amending regulations altering the designated person in relation to whom that description of hereditament is prescribed may have effect from a date earlier than that on which the amending regulations are made.

(4A)Where, by virtue of subsection (4) above, the designated person in relation to any description of non-domestic hereditament is changed from a date earlier than the making of the regulations,—

(a)any necessary alteration shall be made with effect from that date to a central non-domestic rating list on which any hereditament concerned is shown; and

(b)an order making the provision referred to in paragraph 3(2) of Schedule 6 below and specifying a description of hereditament by reference to the previously designated person shall be treated, with effect from that date, as referring to the person designated by the amending regulations.

30(1)Section 55 (alteration of lists) shall be amended as follows.E+W

(2)In subsection (4) (content of regulations)—

(a)in paragraph (b) after “as to the” there shall be inserted “ manner and ” and at the end there shall be added “ and the information to be included in a proposal ”;

(b)in paragraph (d) for “making” there shall be substituted “ andsubsequent to the making of ”; and

(c)after paragraph (d) there shall be inserted—

(dd)as to the circumstances within which and the conditions upon which a proposal may be withdrawn.

(3)In subsection (5) (regulations about appeals), for the words from “about” to “its alteration” there shall be substituted between a valuation officer and another person making a proposal for the alteration of a list—

(a)about the validity of the proposal; or

(b)about the accuracy of the list.

F33(4). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(5)The following subsection shall be inserted after subsection (7)—

(7A)The regulations may include provision that—

(a)where a valuation officer for a charging authority has informed the authority of an alteration of a list a copy of which has been deposited by the authority under section 41(6B) above, the authority must alter the copy accordingly;

(b)where the central valuation officer has informed the Secretary of State of an alteration of a list a copy of which has been deposited under section 52(6B) above, the Secretary of State must alter the copy accordingly.

Annotations: Help about Annotation
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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.

Amendments (Textual)

31The following section shall be substituted for section 57 (special provision for 1990-95)—

57 Special provision for 1990-95.

Schedule 7A below (which contains special provision for 1990–95) shall have effect.

32The following section shall be substituted for section 59—

59 Contributions in aid.

Where a contribution in aid of non-domestic rating is made in respect of a Crown hereditament, the contribution shall be paid to the Secretary of State.

F3433. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

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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.

Amendments (Textual)

34In section 65 (owners and occupiers) the following subsection shall be inserted after subsection (8)—

(8A)In a case where—

(a)land consisting of a hereditament is used (permanently or temporarily) for the exhibition of advertisements or for the erection of a structure used for the exhibition of advertisements,

(b)section 64(2) above does not apply, and

(c)apart from this subsection, the hereditament is not occupied,

the hereditament shall be treated as occupied by the person permitting it to be so used or, if that person cannot be ascertained, its owner.

35(1)Section 67 (interpretation etc.) shall be amended as follows.E+W+S

F35(2). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(3)The following subsection shall be inserted after subsection (9) (power toshow class of hereditament in central non-domestic rating list)—

(9A)In subsection (9) above “class” means a class expressed by reference to whether hereditaments—

(a)are occupied or owned by a person designated under section 53(1) above,and

(b)fall within any description prescribed in relation to him under section53(1).

Annotations: Help about Annotation
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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.

Amendments (Textual)

36The following Schedule shall be inserted after Schedule 4—

SCHEDULE 4AE+W Non-Domestic Rating: New Buildings (Completion Days)

Completion noticesE+W

1(1)If it comes to the notice of a charging authority that the work remaining to be done on a new building in its area is such that the building can reasonably be expected to be completed within 3 months, the authority shall serve a notice under this paragraph on the owner of the building as soon as is reasonably practicable unless the valuation officer otherwise directs in writing.

(2)If it comes to the notice of a charging authority that a new building in its area has been completed, the authority may serve a notice under this paragraph on the owner of the building unless the valuation officer otherwise directs in writing.

(3)A charging authority may withdraw a notice under this paragraph by serving on the owner of the building to which the notice relates a subsequent notice under this paragraph.

(4)Where an appeal under paragraph 4 below has been brought against a notice under this paragraph, the power conferred by sub-paragraph (3) above shall only be exercisable with the consent in writing of the owner of the building to which the notice relates.

(5)The power conferred by sub-paragraph (3) above shall cease to be exercisable in relation to a notice under this paragraph once a day has been determined under this Schedule as the completion day in relation to the building to which the notice relates.

(6)In this Schedule “completion notice” means a notice under this paragraph.

2(1)A completion notice shall specify the building to which it relates and state the day which the authority proposes as the completion day in relation to the building.

(2)Where at the time a completion notice is served it appears to the authority that the building to which the notice relates is not completed, the authority shall propose as the completion day such day, not later than 3 months from and including the day on which the notice is served, as the authority considers is a day by which the building can reasonably be expected to be completed.

(3)Where at the time a completion notice is served it appears to the authority that the building to which the notice relates is completed, the authority shall propose as the completion day the day on which the notice is served.

Determination of completion dayE+W

3(1)If the person on whom a completion notice is served agrees in writing with the authority by whom the notice is served that a day specified by the agreement shall be the completion day in relation to the building, that day shall be the completion day in relation to it.

(2)Where such an agreement as is mentioned in sub-paragraph (1) above is made, the completion notice relating to the building shall be deemed to have been withdrawn.

4(1)A person on whom a completion notice is served may appeal to a valuation and community charge tribunal against the notice on the ground that the building to which the notice relates has not been or, as the case may be, cannot reasonably be expected to be completed by the day stated in the notice.

(2)Where a person appeals against a completion notice and the appeal is not withdrawn or dismissed, the completion day shall be such day as the tribunal shall determine.

5Where a completion notice is not withdrawn and no appeal under paragraph 4 above is brought against the notice or any appeal under that paragraph is dismissed or withdrawn, the day stated in the notice shall be the completion day in relation to the building.

Position pending appealE+W

6(1)Where an appeal under paragraph 4 above is brought against a completion notice, then in relation to any day on which the appeal is pending section 45 above shall apply by virtue of section 46A(4) above as if the day stated in the notice had been determined under this Schedule as the completion day in relation to the building to which the notice relates.

(2)The Secretary of State may make regulations providing for the making of financial adjustments where sub-paragraph (1) applies but the day stated in the completion notice is not actually determined as the completion day in relation to the building to which the notice relates.

(3)Regulations under sub-paragraph (2) above may include—

(a)provision requiring payments to be made,

(b)provision requiring payments to be made together with payments of interest, and

(c)provision as to the recovery (by deduction or otherwise) of sums due.

(4)For the purpose of deciding, for the purposes of this paragraph, whether an appeal is pending on a particular day, the state of affairs existing immediately before the day ends shall be treated as having existed throughout the day.

Duty to inform valuation officerE+W

7(1)A charging authority shall supply to the valuation officer a copy of any completion notice served by it.

(2)If a charging authority withdraws a completion notice, it shall inform the valuation officer of that fact.

(3)A charging authority shall supply the valuation officer with details of any agreement to which it is a party and by virtue of which a completion day is determined under this Schedule in relation to a building.

SupplementaryE+W

8Without prejudice to any other mode of service, a completion notice maybe served on a person—

(a)by sending it in a prepaid registered letter, or by the recorded delivery service, addressed to that person at his usual or last known place of abode or, in a case where an address for service has been given by that person, at that address;

(b)in the case of an incorporated company or body, by delivering it to the secretary or clerk of the company or body at their registered or principal office or sending it in a prepaid registered letter or by the recorded delivery service addressed to the secretary or clerk of the company or body at that office; or

(c)where the name or address of that person cannot be ascertained after reasonable inquiry, by addressing it to him by the description of “owner”of the building (describing it) to which the notice relates and by affixing it to some conspicuous part of the building.

9(1)This paragraph applies in the case of a building to which work remains to be done which is customarily done to a building of the type in question after the building has been substantially completed.

(2)It shall be assumed for the purposes of this Schedule that the building has been or can reasonably be expected to be completed at the end of such period beginning with the date of its completion apart from the work as is reasonably required for carrying out the work.

10(1)Section 46A(6) applies for the purposes of this Schedule.

(2)In this Schedule—

  • completion notice” has the meaning given by paragraph 1(6) above;

  • owner”, in relation to a building, means the person entitled to possession of the building;

  • references to the valuation officer, in relation to a charging authority, are references to the valuation officer for the authority.

37(1) Schedule 5 (exemptions) shall be amended as follows.E+W

(2)In paragraph 7 (agricultural buildings) in each of sub-paragraphs (1)(b)and (3), for “(together with the body)” there shall be substituted “ or are together with the body ”.

(3)In paragraph 9 (exemption for fish farms) the following shall be inserted after sub-paragraph (4)—

(4A)But an activity does not constitute fish farming if the fish or shell fish are or include fish or shellfish which—

(a)are purely ornamental, or

(b)are bred, reared or cultivated for exhibition.

(4)After paragraph 18 there shall be inserted—

Road crossings over watercourses etc.E+W

18A(1)A hereditament which is occupied (as mentioned in section 65 of this Act) is exempt to the extent that it consists of, or of any of the appurtenances of, a fixed road crossing over an estuary, river or other watercourse.

(2)For the purposes of this paragraph, a fixed road crossing means a bridge, viaduct, tunnel or other construction providing a means for road vehicles or pedestrians or both to cross the estuary, river or other watercourse concerned.

(3)For the purposes of sub-paragraph (2) above—

(a)a bridge may be a fixed road crossing notwithstanding that it is designed so that part of it can be swung, raised or otherwise moved in order to facilitate passage across, above or below it; but

(b)the expression “bridge” does not include a floating bridge, that is to say, a ferry operating between fixed chains.

(4)The reference in sub-paragraph (1) above to the appurtenances of a fixed road crossing is a reference to—

(a)the carriageway and any footway thereof;

(b)any building, other than office buildings, used in connection with the crossing; and

(c)any machinery, apparatus or works used in connection with the crossing or with any of the items mentioned in paragraphs (a) and (b) above.

38(1)Schedule 6 shall be amended as follows.E+W

(2)In paragraph 1 the words “, and parts of them,” shall be omitted.

(3)In paragraph 2, in sub-paragraph (1) after “non-domestic hereditament” there shall be inserted “ none of which consists of domestic property and none of which is exempt from local non-domestic rating ”.

(4)In paragraph 2, the following sub-paragraphs shall be inserted after sub-paragraph (1)—

(1A)The rateable value of a composite hereditament none of which is exempt from local non-domestic rating shall be taken to be an amount equal to the rent which, assuming such a letting of the hereditament as is required to be assumed for the purposes of sub-paragraph (1) above, would reasonably be attributable to the non-domestic use of property.

(1B)The rateable value of a non-domestic hereditament which is partially exempt from local non-domestic rating shall be taken to be an amount equal to the rent which, assuming such a letting of the hereditament as is required to be assumed for the purposes of sub-paragraph (1) above, would, as regards the part of the hereditament which is not exempt from local non-domestic rating, be reasonably attributable to the non-domestic use of property.

(5)In paragraph 2, in sub-paragraph (6) for the words from “day the alteration” to the end there shall be substituted “ material day. ”

(6)In paragraph 2, the following sub-paragraph shall be inserted after sub-paragraph (6)—

(6A)For the purposes of sub-paragraph (6) above—

(a)where the determination is occasioned by a proposal for an alteration disputing the accuracy of a previous alteration to the list, the material day is the day by reference to which the matters mentioned in sub-paragraph (7) below fell to be assessed when determining the rateable value with a view to making the disputed alteration;

(b)where the determination is occasioned by any proposal for an alteration other than one disputing the accuracy of a previous alteration to the list, the material day is the day the proposal is made;

(c)where the determination is occasioned otherwise than by a proposal for an alteration, the material day is the day the alteration is entered in the list.

(7)In paragraph 2, in sub-paragraph (7) after paragraph (c) there shall be inserted—

(cc)the quantity of refuse or waste material which is brought onto and permanently deposited on the hereditament,.

(8)In paragraph 2, in sub-paragraph (8) for “description” there shall be substituted “ class ”.

(9)In paragraph 2, in sub-paragraph (9) after “(1)” there shall be inserted “ , (1A) or (1B) ”.

(10)In paragraph 2, the following sub-paragraphs shall be inserted after sub-paragraph (10)—

(11)For the purposes of sub-paragraph (8) above a class may be prescribed by reference to such factors as the Secretary of State sees fit.

(12)Without prejudice to the generality of sub-paragraph (11) above, a class may be prescribed by reference to one or more of the following factors—

(a)the physical characteristics of hereditaments;

(b)the fact that hereditaments are unoccupied or are occupied for prescribed purposes or by persons of prescribed descriptions.

(13)In this paragraph references to the non-domestic use of property are references to use otherwise than in such a manner as to constitute the property domestic property.

(11)The following paragraphs shall be inserted after paragraph 2—

2A(1)This paragraph applies to any hereditament the whole or any part of which consists in buildings which are—

(a)used for the breeding and rearing of horses or ponies or for either of those purposes; and

(b)are occupied together with any agricultural land or agricultural building.

(2)The rateable value of any hereditament to which this paragraph applies shall be taken to be the amount determined under paragraph 2 above less whichever is the smaller of the following amounts—

(a)such amount as the Secretary of State may by order specify for the purposes of this paragraph; and

(b)the amount which but for this paragraph would be determined under paragraph 2 above in respect of so much of the hereditament as consists of buildings so used and occupied.

(3)In this paragraph—

  • agricultural land” means any land of more than two hectares which is agricultural land within the meaning of paragraph 2 of Schedule 5 above and is not land used exclusively for the pasturing of horses or ponies; and

  • agricultural building” shall be construed in accordance with paragraphs 3 to 7 of that Schedule.

2B(1)This paragraph applies where—

(a)the rateable value of a hereditament consisting of an area of a caravan site is determined with a view to making an alteration to a list which has been compiled (whether or not it is still in force),

(b)the area is treated as one hereditament by virtue of regulations under section 64(3)(b),

(c)immediately before the day the alteration is entered in the list or (if the alteration is made in pursuance of a proposal) the day the proposal is made, the list includes a hereditament consisting of an area of the caravan site treated as one hereditament by virtue of such regulations, and

(d)the area mentioned in paragraph (b) above and the area mentioned in paragraph (c) above are wholly or partly the same.

(2)In relation to a caravan pitch which is included both in the area mentioned in sub-paragraph (1)(b) above and in the area mentioned in sub-paragraph (1)(c) above, sub-paragraph (3) below rather than paragraph 2(6) above shall apply as respects the matters mentioned in sub-paragraph (4) below.

(3)The matters mentioned in sub-paragraph (4) below shall be taken to be as they were assumed to be for the purposes of determining the rateable value of the hereditament mentioned in sub-paragraph (1)(c) above when that rateable value was last determined.

(4)The matters are—

(a)the nature of the caravan on the pitch, and

(b)the physical state of that caravan.

(5)For the purposes of this paragraph—

  • caravan” has the same meaning as it has for the purposes of Part I of the Caravan Sites and Control of Development Act 1960, and

  • caravan site” means any land in respect of which a site licence is required under Part I of that Act, or would be so required if paragraph 4 and paragraph 11 of Schedule 1 to the Act (exemption of certain land occupied and supervised by organisations concerned with recreational activities and of land occupied by local authorities) were omitted.

(12)In paragraph 3(1)—

(a)for “description” there shall be substituted “ class ”, and

(b)for “paragraph 2” there shall be substituted “ paragraphs 2 to 2B ”.

(13)In paragraph 3(2) for “paragraph 2” there shall be substituted “ paragraphs 2 to 2B ”.

(14)In paragraph 3, the following sub-paragraphs shall be inserted after sub-paragraph (2)—

(3)For the purposes of sub-paragraph (1) above a class may be prescribed by reference to such factors as the Secretary of State sees fit.

(4)Without prejudice to the generality of sub-paragraph (3) above, a class may be prescribed by reference to one or more of the following factors—

(a)the physical characteristics of hereditaments;

(b)the fact that hereditaments are unoccupied or are occupied for prescribed purposes or by persons of prescribed descriptions.

(15)Paragraph 4 shall be omitted.

39(1)Schedule 7 (multipliers) shall be amended as follows.E+W

(2)In paragraph 7(1) for the words from “Regulations” to “that” there shall be substituted “ In relation to a relevant financial year the Secretary of State may make regulations providing that ”.

(3)In paragraph 8(3) for “section 57” there shall be substituted “ paragraph 7 ”.

(4)In paragraph 9(4) (certain orders ineffective unless in force before 1 January) for “January” there shall be substituted “ March ”.

(5)In paragraph 10(1) (special authority’s power to set multiplier in substitution) the words “because of a failure to fulfil paragraph 9(2) or (3) above” shall be omitted.

40The following Schedule shall be inserted after Schedule 7—

SCHEDULE 7AE+W Non-Domestic Rating: 1990-95

DefinitionsE+W

1(1)The transitional period is the period consisting of the financial years beginning in 1990, 1991, 1992, 1993 and 1994.

(2)A transitional day is a day falling in the transitional period.

2(1)As regards a transitional day a hereditament is a defined hereditament if the first and second conditions are fulfilled; but this is subject to sub-paragraphs (4) and (5) below.

(2)The first condition is that the hereditament is shown for 31 March 1990 in a valuation list maintained under Part V of the 1967 Act.

(3)The second condition is that the hereditament is shown in a local non-domestic rating list, and a rateable value is shown in the list for the hereditament, for—

(a)1 April 1990,

(b)the transitional day (if different from 1 April 1990), and

(c)each day (if any) falling after 1 April 1990 and before the transitional day.

(4)If the hereditament is not a right falling within section 64(2) above, the hereditament is not a defined hereditament as regards the transitional day unless the rateable value shown for the hereditament in the local non-domestic rating list for 1 April 1990 is £500 or more.

(5)If the hereditament is one falling within sub-paragraph (8) below, the hereditament is not a defined hereditament as regards the transitional day unless a person who is a qualifying person in relation to the hereditament as regards that day is also a person to whom sub-paragraph (6) or (7) below applies.

(6)This sub-paragraph applies to a person if—

(a)he occupied all or part of the hereditament on 31 March 1990, and

(b)he has been a qualifying person in relation to the hereditament as regards each day (if any) falling after 31 March 1990 and before the transitional day.

(7)This sub-paragraph applies to a person if—

(a)he was the owner of the whole of the hereditament on 31 March 1990,

(b)none of the hereditament was occupied on 31 March 1990,

(c)he occupied all or part of the hereditament on at least one day in the period beginning with 1 April 1988 and ending with 30 March 1990, and

(d)he has been a qualifying person in relation to the hereditament as regards each day which falls before the transitional day and falls after the last (or only) day in the period mentioned in paragraph (c) above on which he occupied all or part of the hereditament.

(8)A hereditament falls within this sub-paragraph if, assuming it to be a defined hereditament as regards 1 April 1990, paragraph 9 below would apply to the hereditament for that day by virtue of paragraph 7 below.

(9)For the purposes of this paragraph a person is a qualifying person in relation to a hereditament as regards a day if—

(a)he occupies all or part of the hereditament on that day, or

(b)where none of the hereditament is occupied on that day, he is the owner of the whole of the hereditament on that day.

3(1)The notional chargeable amount for a hereditament for each day in a relevant year shall be found by applying the formula—

(2)A is the rateable value shown for the hereditament for 1 April 1990 in the local non-domestic rating list.

(3)Subject to sub-paragraph (4) below, B is the non-domestic rating multiplier for the relevant year concerned.

(4)Where the hereditament is situated in the area of a special authority, B is the authority’s non-domestic rating multiplier for the relevant year concerned.

(5)C is the number of days in the relevant year concerned.

(6)Relevant years are financial years falling in the transitional period.

4(1)The base liability for a hereditament for each day in the financial year beginning in 1990 shall be found by applying the formula—

(2)A is the rateable value of the hereditament, as determined under paragraph 6 below.

(3)B is the general rate poundage effective for 31 March 1990 for the rating area (within the meaning of the 1967 Act) in which the hereditament is situated.

(4)C is the number of days in the financial year beginning in 1989.

(5)The base liability for a hereditament for each day in a relevant year (the year concerned) other than the financial year beginning in 1990 shall be found by applying the formula—

(6)Relevant years are financial years falling in the transitional period.

(7)BL is the base liability for the hereditament for each day in the financial year immediately preceding the year concerned.

(8)AF is the appropriate fraction for the hereditament for each day in the financial year immediately preceding the year concerned.

5(1)Sub-paragraph (2) below applies in a case where the notional chargeableamount for a hereditament for each day in a relevant year exceeds the base liability for the hereditament for each day in the year.

(2)The appropriate fraction for the hereditament for each day in the year shall be found by applying the formula—

(3)X is 120 if—

(a)the hereditament is situated in Greater London and the rateable value shown for it in the local non-domestic rating list for 1 April 1990 is £15,000 or more, or

(b)it is situated outside Greater London and the rateable value shown for it in the local non-domestic rating list for 1 April 1990 is £10,000 or more.

(4)X is 115 if—

(a)the hereditament is situated in Greater London and the rateable value shown for it in the local non-domestic rating list for 1 April 1990 is less than £15,000, or

(b)it is situated outside Greater London and the rateable value shown for it in the local non-domestic rating list for 1 April 1990 is less than £10,000.

(5)RPI(1) is the retail prices index for September of the financial year preceding the relevant year concerned.

(6)RPI(2) is the retail prices index for September of the financial year which precedes that preceding the relevant year concerned.

(7)Sub-paragraph (8) below applies in a case where the notional chargeableamount for a hereditament for each day in a relevant year does not exceed the base liability for the hereditament for each day in the year.

(8)The appropriate fraction for the hereditament for each day in the year shall be such as is—

(a)specified for the case by order made by the Secretary of State, or

(b)found in accordance with rules prescribed for the case by order so made.

(9)In making an order under this paragraph the Secretary of State shall have regard to the object of securing (so far as practicable) that the aggregate amount payable to him and all charging authorities by way of non-domestic rates as regards a relevant year is the same as it would in his opinion be likely to be apart from this Schedule.

(10)Relevant years are financial years falling in the transitional period.

6(1)This paragraph has effect to determine A in relation to a hereditament for the purposes of paragraph 4 above.

(2)In a case where a rateable value is shown for the hereditament for 15 February 1989 in the old valuation list, A is the value so shown; but this is subject to sub-paragraph (3) below.

(3)If—

(a)a relevant proposal is (or relevant proposals are) made to alter the rateable value shown for the hereditament in that list, and

(b)as a result of any such proposal a rateable value is shown for the hereditament in that list for a relevant day,

A is the rateable value shown in that list for the hereditament for the last (or only) relevant day for which a rateable value is shown as a result of any such proposal.

(4)For the purposes of sub-paragraph (3) above a relevant proposal is a proposal—

(a)made by a valuation officer at any time, or

(b)made by a person other than a valuation officer, and received by a valuation officer, before 15 February 1989.

(5)In a case where a rateable value is not shown for the hereditament for 15 February 1989 in the old valuation list, A is the rateable value shown in that list for the hereditament for the first relevant day for which a rateable value is shown; but this is subject to sub-paragraph (6) below.

(6)If—

(a)a relevant proposal is (or relevant proposals are) made to alter the rateable value shown for the hereditament in that list, and

(b)as a result of any such proposal a rateable value is shown for the hereditament in that list for a relevant day,

A is the rateable value shown in that list for the hereditament for the last (or only) relevant day for which a rateable value is shown as a result of any such proposal.

(7)For the purposes of sub-paragraph (6) above a relevant proposal is a proposal made by a valuation officer at any time.

(8)In the case of a hereditament—

(a)occupied by or on behalf of the Crown for public purposes in the period beginning with 15 February 1989 and ending with 31 March 1990, and

(b)in respect of which a contribution is made by the Crown in aid of rates for that period,

references in sub-paragraphs (2) to (6) above to rateable value are to value representing rateable value (which is required to be shown by section 37 of the 1967 Act).

(9)For the purposes of this paragraph a relevant day is a day falling after 15 February 1989 and before 1 April 1990.

(10)For the purposes of this paragraph the old valuation list is the valuation list, maintained under Part V of the 1967 Act, in which the hereditament is shown for 31 March 1990.

Chargeable amountsE+W

7(1)Paragraph 9 below applies to a hereditament for a transitional day (the day concerned) if—

(a)as regards the hereditament the day concerned is a chargeable day for which a chargeable amount falls to be determined under section 43 above,

(b)as regards the day concerned the hereditament is a defined hereditament,

(c)NCA exceeds BL,

(d)NCA exceeds (BL x AF), and

(e)in a case where the day concerned is not 1 April 1990, paragraph 9 belowapplies to the hereditament for each transitional day preceding the day concerned, and it does so by virtue of this paragraph.

(2)In a case where the hereditament is situated in the area of a special authority, the reference to (BL x AF) is a reference to it adjusted by finding the appropriate amount and—

(a)if the appropriate amount is positive, adding it to (BL x AF), or

(b)if the appropriate amount is negative, subtracting the equivalent positive amount from (BL x AF).

(3)For the purposes of sub-paragraph (2) above the appropriate amount is the amount found by applying the formula—

(4)For the purposes of this paragraph—

(a)NCA is the notional chargeable amount for the hereditament for the day concerned,

(b)BL is the base liability for the hereditament for the day concerned,

(c)AF is the appropriate fraction for the hereditament for the day concerned,

(d)D is the rateable value shown for the hereditament in the local non-domestic rating list for 1 April 1990,

(e)E is the non-domestic rating multiplier of the special authority concerned for the financial year in which the day concerned falls,

(f)F is the non-domestic rating multiplier for the financial year in which the day concerned falls, and

(g)G is the number of days in the financial year in which the day concerned falls.

8(1)Paragraph 9 below applies to a hereditament for a transitional day (the day concerned) if—

(a)as regards the hereditament the day concerned is a chargeable day for which a chargeable amount falls to be determined under section 43 above,

(b)as regards the day concerned the hereditament is a defined hereditament,

(c)NCA is less than BL,

(d)NCA is less than (BL x AF), and

(e)in a case where the day concerned is not 1 April 1990, paragraph 9 below applies to the hereditament for each transitional day preceding the day concerned, and it does so by virtue of this paragraph.

(2)In a case where the hereditament is situated in the area of a special authority, the reference to (BL x AF) is a reference to it adjusted by finding the appropriate amount and—

(a)if the appropriate amount is positive, adding it to (BL x AF), or

(b)if the appropriate amount is negative, subtracting the equivalent positive amount from (BL x AF).

(3)For the purposes of sub-paragraph (2) above the appropriate amount is the amount found by applying the formula—

(4)For the purposes of this paragraph—

(a)NCA is the notional chargeable amount for the hereditament for the day concerned,

(b)BL is the base liability for the hereditament for the day concerned,

(c)AF is the appropriate fraction for the hereditament for the day concerned,

(d)D is the rateable value shown for the hereditament in the localnon-domestic rating list for 1 April 1990,

(e)E is the non-domestic rating multiplier of the special authority concerned for the financial year in which the day concerned falls,

(f)F is the non-domestic rating multiplier for the financial year in which the day concerned falls, and

(g)G is the number of days in the financial year in which the day concerned falls.

9(1)In a case where this paragraph applies, for the purpose of ascertaining the chargeable amount for the day concerned under section 43 above that section shall have effect subject to the following amendments.

(2)The following subsections shall be substituted for subsections (4) and (5)—

(4)Subject to subsection (5) below, the chargeable amount for a chargeable day shall be calculated by finding the amount represented by (BL x AF).

(5)Where subsection (6) below applies the chargeable amount for a chargeable day shall be calculated by—

(a)finding the amount represented by (BL x AF), and

(b)dividing that amount by 5.

(3)The following subsections shall be inserted after subsection (6)—

(6A)In a case where the hereditament is situated in the area of a special authority, a reference to (BL x AF) is a reference to it adjusted by finding the appropriate amount and—

(a)if the appropriate amount is positive, adding it to (BL x AF), or

(b)if the appropriate amount is negative, subtracting the equivalent positive amount from (BL x AF).

(6B)For the purposes of subsection (6A) above the appropriate amount is the amount found by applying the formula—

(4)For the purposes of section 43 above as amended by this paragraph BL, AF, D, E, F and G shall be construed in accordance with paragraphs 7 and 8 above.

RegulationsE+W

10(1)The Secretary of State may make regulations containing rules about the determination under section 45 or 54 above of a chargeable amount for a transitional day.

(2)The rules may make provision which he considers to be equivalent to that made by or under paragraphs 1 to 9 above, subject to any modifications he thinks fit.

11(1)The Secretary of State may make regulations containing rules supplementing or modifying or excluding, for any case he considers appropriate and to such extent as he considers appropriate, any relevant provision.

(2)For the purpose of the determination under section 43, 45 or 54 above of a chargeable amount for a transitional day, the Secretary of State may make regulations applying any relevant provision (subject to any modifications he thinks fit) to any case—

(a)where he considers it appropriate to do so, and

(b)where the relevant provision would not (whether by virtue of regulations under sub-paragraph (1) above or otherwise) apply apart from the regulations under this sub-paragraph.

(3)A relevant provision is a provision made by or under paragraphs 1 to 9 above or by regulations under paragraph 10 above.

12Without prejudice to the generality of section 143(1) and (2) above and paragraphs 10 and 11 above, regulations under those paragraphs may include provision—

(a)imposing duties and conferring powers on valuation officers (whether as regards determinations, certificates or otherwise) in relation to the ascertainment of rateable values;

(b)as to appeals relating to things done or not done by such officers.

41In Schedule 8 (non-domestic rating: pooling) in Part I, in paragraph 2 (non-domestic rating accounts: credits and debits) in sub-paragraph (1)(b) for “regulations made under section 59(2)” there shall be substituted “ section 59 ”.

42(1)In Schedule 8 (non-domestic rating: pooling) Part II (non-domestic ratingcontributions) shall be amended as follows.E+W

(2)In paragraph 5, at the end of sub-paragraph (1) there shall be added “ and has effect subject to any provision made by virtue of paragraph 6(2A) below ”.

(3)In paragraph 6, after sub-paragraph (2) there shall be inserted the following sub-paragraphs—

(2A)Regulations under paragraph 4 above may incorporate in the rules provision for adjustments to be made in the calculation of the amount of an authority’s non-domestic rating contribution under paragraph 5(2) or 5(6) above, being adjustments to take account of relevant changes affecting the amount of the authority’s non-domestic rating contribution for an earlier year.

(2B)For the purposes of sub-paragraph (2A) above, a change is a relevant change if it results from a decision, determination or other matter which (whether by reason of the time at which it was taken, made or occurred or otherwise) was not taken into account by the authority in the calculation under paragraph 5(6) above of the amount of its non-domestic rating contribution for the earlier year in question.

F3643. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

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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.

Amendments (Textual)

44(1)In Schedule 9 (administration) paragraph 2 (collection and recovery) shall be amended as follows.E+W

(2)The following paragraphs shall be substituted for sub-paragraph (2)(g)—

(g)that a notice must be in a prescribed form,

(ga)that a notice must contain prescribed matters,

(gb)that a notice must not contain other prescribed matters,

(gc)that where a notice is invalid because it does not comply with regulations under paragraph (g) or (ga) above, and the circumstances are such as may be prescribed, a requirement contained in the notice by virtue of regulations under paragraph (e) or (f) above shall nevertheless have effect as if the notice were valid,

(gd)that where a notice is invalid because it does not comply with regulations under paragraph (g) above, and a requirement has effect by virtue of regulations under paragraph (gc) above, the payee must take prescribed steps to issue to the ratepayer a document in the form which the notice would have taken had it complied with regulations under paragraph (g) above,

(ge)that where a notice is invalid because it does not comply with regulations under paragraph (ga) above, and a requirement has effect by virtue of regulations under paragraph (gc) above, the payee must take prescribed steps to inform the ratepayer of such of the matters prescribed under paragraph (ga) above as were not contained in the notice,.

(3)In sub-paragraph (2)(h) the words from “and” to the end shall beomitted.

(4)The following sub-paragraph shall be inserted after sub-paragraph (2)—

(2A)Regulations under this Schedule may include provision that where—

(a)an amount paid by the ratepayer in excess of his liability falls to be repaid or credited, and

(b)the circumstances are such as may be prescribed,

an additional amount by way of interest shall be paid or credited.

45In Schedule 9 the following paragraph shall be inserted after paragraph 4—

4A(1)Regulations under this Schedule may include provision that a charging authority and a person liable to pay it an amount under section 43 or 45 above may enter into an agreement that—

(a)any interest of his in the hereditament as regards which the liability arises shall be charged to secure payment of the amount, and

(b)in consideration of the charge the authority will take no steps for a period specified in the agreement to recover any payment in respect of the amount.

(2)The regulations may include—

(a)provision that the agreement may also extend to any further amount the person may become liable to pay to the authority under section 43 or 45 above as regards the hereditament;

(b)provision that the agreement may provide for the payment of interest on sums outstanding and for interest payable to be secured by the charge;

(c)provision restricting the period which may be specified as mentioned in sub-paragraph (1)(b) above.

46(1)Paragraph 5 of Schedule 9 (power to require information to be supplied to a valuation officer) shall be amended as follows.E+W

(2)In sub-paragraph (1) for the words from “requiring” to the end there shall be substituted requesting him to supply to the officer information—

(a)which is specified in the notice, and

(b)which the officer reasonably believes will assist him in carrying out functions conferred or imposed on him by or under this Part.

(3)After sub-paragraph (1) there shall be inserted—

(1A)A notice under this paragraph must state that the officer believes the information requested will assist him in carrying out functions conferred or imposed on him by or under this Part.

(4)In sub-paragraph (2)—

(a)for “required” (in the first place where the word occurs) there shall be substituted “ requested ”, and

(b)for “required” (in the second place where the word occurs) there shall be substituted “ specified ”.

47(1)Paragraph 6 of Schedule 9 (authority’s duty to supply information to valuation officer) shall be amended as follows.E+W

(2)In sub-paragraph (1) for “relevant” there shall be substituted “ charging ”, and in consequence sub-paragraph (2) shall be omitted.

(3)After sub-paragraph (1) there shall be inserted—

(1A)The Secretary of State may make regulations containing provision that, at such times and in such manner as may be prescribed, a charging authority shall supply to the valuation officer for the authority information of such description as may be prescribed.

48The following paragraphs shall be substituted for paragraph 8 of Schedule 9 (inspection)—

8(1)A person may require a valuation officer to give him access to such information as will enable him to establish what is the state of a list, orhas been its state at any time since it came into force, if—

(a)the officer is maintaining the list, and

(b)the list is in force or has been in force at any time in the preceding 5 years.

(2)A person may require a charging authority to give him access to such information as will enable him to establish what is the state of a copy of a list, or has been its state at any time since it was deposited, if—

(a)the authority has deposited the copy under section 41(6B) above, and

(b)the list is in force or has been in force at any time in the preceding 5 years.

(3)A person may require the Secretary of State to give him access to such information as will enable him to establish what is the state of a copy of a list, or has been its state at any time since it was deposited, if—

(a)the Secretary of State has deposited the copy under section 52(6B) above, and

(b)the list is in force or has been in force at any time in the preceding 5 years.

(4)A person may require a charging authority to give him access to such information as will enable him to establish what is the state of a copy of a proposed list if—

(a)the authority has deposited the copy under section 41(6) above, and

(b)the list itself is not yet in force.

(5)A person may require the Secretary of State to give him access to such information as will enable him to establish what is the state of a copy of a proposed list if—

(a)the Secretary of State has deposited the copy under section 52(6) above,and

(b)the list itself is not yet in force.

(6)A requirement under any of the preceding provisions of this paragraph must be complied with at a reasonable time and place and without payment being sought; but the information may be in documentary or other form, as the person or authority of whom the requirement is made thinks fit.

(7)Where access is given under this paragraph to information in documentary form the person to whom access is given may—

(a)make copies of (or of extracts from) the document;

(b)require a person having custody of the document to supply to him a photographic copy of (or of extracts from) the document.

(8)Where access is given under this paragraph to information in a form which is not documentary the person to whom access is given may—

(a)make transcripts of (or of extracts from) the information;

(b)require a person having control of access to the information to supply to him a copy in documentary form of (or of extracts from) the information.

(9)If a reasonable charge is required for a facility under sub-paragraph (7)or (8) above, the sub-paragraph concerned shall not apply unless the person seeking to avail himself of the facility pays the charge.

(10)If without reasonable excuse a person having custody of a document containing, or having control of access to, information access to which is sought under this paragraph—

(a)intentionally obstructs a person in exercising a right under sub-paragraph (1), (2), (3), (4), (5), (7)(a) or (8)(a) above, or

(b)refuses to comply with a requirement under sub-paragraph (7)(b) or (8)(b) above,

he shall be liable on summary conviction to a fine not exceeding level 1 on the standard scale.

9(1)A person may, at a reasonable time and without making payment, inspect any proposal made or notice of appeal given under regulations made under section 55 above, if made or given as regards a list which is in force when inspection is sought or has been in force at any time in the preceding 5 years.

(2)A person may—

(a)make copies of (or of extracts from) a document mentioned in sub-paragraph (1) above, or

(b)require a person having custody of such a document to supply to him a photographic copy of (or of extracts from) the document.

(3)If a reasonable charge is required for a facility under sub-paragraph (2) above, the sub-paragraph shall not apply unless the person seeking to avail himself of the facility pays the charge.

(4)If without reasonable excuse a person having custody of a document mentioned in sub-paragraph (1) above—

(a)intentionally obstructs a person in exercising a right under sub-paragraph (1) or (2)(a) above, or

(b)refuses to supply a copy to a person entitled to it under sub-paragraph (2)(b) above,

he shall be liable on summary conviction to a fine not exceeding level 1 on the standard scale.

Precepts and leviesE+W

F3749. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

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Amendments (Textual)

F3850. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

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Amendments (Textual)

F3951. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

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Amendments (Textual)

F4052. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

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Amendments (Textual)

F4153. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

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Amendments (Textual)

F4254. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

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Amendments (Textual)

55(1)Section 75 (special levies) shall be amended as follows.E+W

(2)In subsection (2) for “Secretary of State” there shall be substituted “ appropriate Minister ”.

F43(3). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

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

(8)In this section “the appropriate Minister” has the same meaning as in section 118 below.

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Amendments (Textual)

F4456. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

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Amendments (Textual)

GrantsE+W

57(1)Section 77 (information) shall be omitted.E+W

(2)This paragraph shall not affect the operation of section 77 as regards a case where a notice has been served under it before the coming into force of this paragraph.

F4558. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

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Amendments (Textual)

F4659. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

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Amendments (Textual)

60In section 88 (transport grants: supplementary), in subsections (4) and (6) for the words from “prescribed expenditure” onwards there shall, in each case, be substituted “ expenditure for capital purposes within the meaning of Part IV of the Local Government and Housing Act 1989 ”.

F4761. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

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Amendments (Textual)

FundsE+W

62In section 89(4) (use of sums paid into charging authority’s collection fund) for “settlement” there shall be substituted “ the making ”, and consequently in section 89(5) for “settling” there shall be substituted “ making ”.

F4863. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

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Amendments (Textual)

F4964. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

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Amendments (Textual)

F5065. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

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Amendments (Textual)

Financial administrationE+W

66The following subsection shall be inserted after subsection (3) of section 114 (functions of chief finance officer)—

(3A)It shall be the duty of the chief finance officer of a relevant authority, in preparing a report in pursuance of subsection (2) above, to consult so far as practicable—

(a)with the person who is for the time being designated as the head of the authority’s paid service under section 4 of the Local Government and Housing Act 1989; and

(b)with the person who is for the time being responsible for performing the duties of the authority’s monitoring officer under section 5 of that Act.

Existing ratesE+W

67(1)In section 118 (power to abolish or modify existing rates), at the end of subsection (1) there shall be added “ and, in the case of an internal drainage board, there shall be disregarded for the purposes of paragraph (b)above any agreement under section 81 of the Land Drainage Act 1976 under which the board have agreed that no drainage rate will be levied on occupiers or owners of certain rateable hereditaments ”.E+W

(2)In subsections (2) and (4) of that section for the words “Secretary of State” there shall be substituted “ appropriate Minister ”.

(3)At the end of subsection (5) of that section there shall be added and “the appropriate Minister” means—

(a)as respects any internal drainage board whose district is wholly within England, the Minister of Agriculture, Fisheries and Food;

(b)as respects any internal drainage board whose district is partly in England and partly in Wales, that Minister and the Secretary of State acting jointly; and

(c)as respects any other body, the Secretary of State.

InformationE+W

68The following section shall be inserted after section 139—

139A Information.

(1)Subsection (2) below applies where—

(a)the Secretary of State serves a notice on a relevant authority or relevant officer requiring it or him to supply to the Secretary of State information specified in the notice,

(b)the information is required by the Secretary of State for the purpose of deciding whether to exercise his powers, and how to perform his functions, under this Act, and

(c)the information is not personal information.

(2)The authority or officer shall supply the information required, and shall do so in such form and manner and at such time as the Secretary of State specifies in the notice.

(3)If an authority or officer fails to comply with subsection (2) above the Secretary of State may assume the information required to be such as he sees fit; and in such a case the Secretary of State may decide in accordance with the assumption whether to exercise his powers, and how to perform his functions, under this Act.

(4)In deciding whether to exercise his powers, and how to perform his functions, under this Act the Secretary of State may also take into accountany other information available to him, whatever its source and whether or not obtained under a provision contained in or made under this or any other Act.

(5)Each of the following is a relevant authority—

(a)a charging authority;

(b)a precepting authority.

(6)The community charges registration officer for a charging authority is a relevant officer.

(7)Personal information is information which relates to an individual (living or dead) who can be identified from that information or from that and other information supplied to any person by the authority or officer concerned; and personal information includes any expression of opinion about the individual and any indication of the intentions of any person in respect of the individual.

(8)This section shall have effect before 1 April 1990 as if after paragraph (b) of subsection (5) above there were inserted—

(c)the Inner London Education Authority.

England and Wales: separate administrationE+W

69(1)Section 140 (separate administration in England and Wales) shall be amended as follows.E+W

(2)In subsection (1) after “VII” there shall be inserted “ , and paragraphs 1 to 4 of Schedule 12A below, ”.

(3)In subsection (2) the word “and” at the end of paragraph (e) shall be omitted, and after paragraph (f) there shall be inserted and

(a)separate reports under Schedule 12A below shall be made.

(4)In subsection (3) after “VII” there shall be inserted “ , and paragraphs 1 to 4 of Schedule 12A below, ”.

PaymentsE+W

F5170. . .

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Amendments (Textual)

F5271. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

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Amendments (Textual)

Orders and regulationsE+W

72(1)Section 143 (orders and regulations) shall be amended as follows.E+W

(2)In subsection (2) after “Secretary of State” there shall be inserted “ the Minister of Agriculture, Fisheries and Food ”.

(3)In subsection (3) for “(9)” there shall be substituted “ (9B) ”.

(4)In subsection (4) the words “57 or” shall be omitted.

(5)In subsection (5) after “118 above” there shall be inserted “ otherthan regulations relating to an internal drainage board ”.

(6)The following subsections shall be inserted after subsection (9)—

(9A)The power to make an order under paragraph 5 of Schedule 7A below shall be exercisable by statutory instrument, and no such order shall be made unless a draft of it has been laid before and approved by resolution of each House of Parliament.

(9B)The power to make regulations under paragraph 5 or 6 of Schedule 12A below shall be exercisable by statutory instrument subject to annulment in pursuance of a resolution of the House of Commons.

(7)In subsection (10) after “118 above” there shall be inserted “ otherthan regulations relating to an internal drainage board ”.

Relevant populationE+W

F5373. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

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Amendments (Textual)

F5474. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

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Amendments (Textual)

InformationE+W

75In section 146 (interpretation) the following subsection shall be inserted after subsection (5)—

(5A)Unless the context otherwise requires, “information” includes accounts, estimates and returns.

TribunalsE+W

76(1)Schedule 11 (tribunals) shall be amended as follows.E+W

(2)In paragraph 2 (jurisdiction) the following paragraph shall be inserted at the end—

(c)paragraph 4 of Schedule 4A above.

F55(3). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

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Amendments (Textual)

GeneralE+W

F5677. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

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Amendments (Textual)

F5778. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

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Amendments (Textual)

79(1)Paragraphs 7, 8, 52, 54, 56 and 66 above shall come into force at the expiry of the period of 2 months beginning on the day this Act is passed.E+W

(2)Paragraphs 49(3), 60 and 63 above shall come into force on such day as the Secretary of State may by order made by statutory instrument appoint; and

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

(b)section 195(3) of this Act shall apply to an order under this sub-paragraph as it applies to an order under section 195(2).

(3)The 1988 Act shall be treated as having been enacted with the amendments made by this Schedule, except in so far as the amendments are made by paragraph 12, 57, or 68 above or any of the paragraphs mentioned in sub-paragraph (1) or (2) above.

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Modifications etc. (not altering text)

C11Power of appointment conferred by Sch. 5 para. 79(2) fully exercised: 16.1.1990 appointed by S.I. 1989/2445, art. 3

80In this Schedule “the 1988 Act” means the M20Local Government Finance Act 1988.

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Marginal Citations

Section 145.

SCHEDULE 6E+W+S Amendment of Scottish Enactments

Valuation appeals to Lands Tribunal for ScotlandE+W+S

1In section 1 of the M21Lands Tribunal Act 1949 (which provides as to, amongst other things, the jurisdiction of the Lands Tribunal for Scotland) after subsection (3B) there shall be inserted the following subsection—

(3BA)The Lands Tribunal for Scotland may also determine any appeal against thedecision of a valuation appeal committee not to refer to the Tribunal any appeal or complaint made to the committee and, where the Tribunal upholds such an appeal, the appeal or complaint made to the committee shall, for the purposes of this section, be regarded as having been referred by the committeeto the Tribunal for determination under subsection (3A) above.

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Marginal Citations

2In section 15 of the M22 Local Government (Financial Provisions) (Scotland) Act 1963—

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

(2AA)A valuation appeal committee, on the joint application of the assessor and an appellant or complainer made within such period as may be prescribed by regulations made by the Secretary of State, shall refer the appeal or complaint to the Lands Tribunal for Scotland for determination under section 1(3A) of the Lands Tribunal Act 1949.; and

(b)in subsection (2A) (regulations about valuation appeals to the Lands Tribunal for Scotland)—

(i)for the word “governing” there shall be substituted the words “ as to ”;

(ii)the word “and” between paragraphs (a) and (b) shall be omitted; and

(iii)at the end there shall be added the following paragraphs—

(c)the giving by a valuation appeal committee of reasons for its decision notto refer to the Tribunal any appeal or complaint made to the committee; and

(d)the circumstances and manner in which an appeal may be made to theTribunal for determination under subsection (3BA) of section 1 of the Lands Tribunal Act 1949 (jurisdiction of the Tribunal to determine appeal against decision of valuation appeal committee not to refer an appeal or complaint to the Tribunal).

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Marginal Citations

Rateable value of certain buildings used for breeding or rearing horsesE+W+S

3In subsection (1) of section 6 of the M23Valuation and Rating (Scotland) Act 1956 (as certainment of annual and rateable values) for the words “the next following section" there shall be substituted the words “ sections 7 to 7B ”.

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Marginal Citations

4In that Act the following section shall be inserted after section 7A—

7B Rateable value of certain buildings used for breeding or rearing horses.

(1)This section applies to any lands and heritages the whole or any part of which consists of buildings which are—

(a)used for the breeding and rearing of horses or for either of those purposes; and

(b)occupied together with any agricultural land or agricultural building.

(2)The rateable value of any lands and heritages to which this section applies shall be taken to be the amount determined under section 6 of this Act less whichever is the smaller of the following amounts—

(a)such amount as the Secretary of State may by order specify for the purposes of this section;

(b)the amount which but for this section would be determined under that section in respect of so much of the lands and heritages as consists of buildings so used and occupied.

(3)An order under subsection (2) of this section shall be made by statutory instrument which shall be subject to annulment in pursuance of a resolution of either House of Parliament.

(4)In this section—

  • agricultural land” means any land of more than two hectares which is agricultural lands and heritages within the meaning of subsection (2) of section 7 of this Act and is not land used exclusively for the pasturing of horses;

  • agricultural building” has the same meaning as in that subsection; and

  • horses” has the same meaning as in section 6(4) of the Riding Establishments Act 1964.

Application of regulations about determination of net annual valueE+W+S

5In section 6 of the M24Valuation and Rating (Scotland) Act 1956, after subsection (8B) (further provision as to regulations relating to determination of net annual value) there shall be inserted the following subsections—

(8C)For the purposes of subsection (8B) above, cases may be defined, described or classified by reference to such factors as the Secretary of State thinks fit.

(8D)Without prejudice to the generality of subsection (8C) above, a case may be defined, described or classified by reference to one or more of the following factors—

(a)the physical characteristics of lands and heritages;

(b)the fact that lands and heritages are unoccupied or are occupied for purposes prescribed by the regulations or by persons of descriptions so prescribed.

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Marginal Citations

Rateable value for purposes of levying rates after 1st April 1990E+W+S

6In section 7 of the M25Local Government (Scotland) Act 1975 (levying of rates) in subsection (1A) there shall be inserted at the end the words “ ; and references in this subsection to an apportioned value of part residential subjects are references to that part of that value which is shown in the apportionment note as relating to the non-residential use of the subjects, ”.

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Marginal Citations

[F587In section 128 of the M26Local Government Finance Act 1988 (levying of rates after 1st April 1990)—

(a)in subsection (1)—

(i)for the word “Every” there shall be inserted the words “ Then on-domestic ”; and

(ii)after the word “regards” there shall be inserted the words “ different areas and" ”;

(b)after that subsection there shall be inserted the following subsections—

(1A)The considerations referred to in paragraph (b) of subsection (1) above shall be such as the Secretary of State thinks fit and may, without prejudice to that generality, include considerations which otherwise would not relateto the determination of the rateable value of lands and heritages.

(1B)The classification of lands and heritages for the purposes of subsection (1) above shall be by reference to such factors as the Secretary of State thinks fit and may, without prejudice to that generality, include the circumstances of persons by whom rates are payable.

(1C)Regulations made under this section may, in relation to lands and heritages which are part residential subjects (within the meaning of the Abolition of Domestic Rates Etc. (Scotland) Act 1987), provide for the apportionment of the rateable value prescribed or determined under this section in respect of the subjects as between the residential and non-residential use of the subjects.

(1D)A rateable value prescribed or determined under this section in respect of any lands and heritages shall be the rateable value of the lands and heritages for the purpose of the levying of the non-domestic rate but not for any other purposes.; and

(c)subsection (3) shall cease to have effect.]

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Amendments (Textual)

Marginal Citations

Exemption of church premises from the non-domestic rateE+W+S

F598. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

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Amendments (Textual)

F59Sch. 6 para. 8 repealed (1.4.1992) by Local Government Finance Act 1992 (c. 14), s. 117, Sch. 14 (with a. 118(1)(2)(4)); S.I 1992/818, art. 2,Sch.

Extension of charitable rate relief to universitiesE+W+S

9In the M27Local Government (Financial Provisions etc.) (Scotland) Act 1962—

(a)in section 4, subsections (3) and (4), and

(b)the first Schedule,

shall be omitted.

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Marginal Citations

Duty to notify registration officer about liability for collective community chargeE+W+S

10In subsection (1) of section 18 of the M28Abolition of Domestic Rates Etc. (Scotland) Act 1987 (duty to notify registration officer of certain matters) for the words “the personal or standard community charge” there shall be substituted the words “ any of the community charges ”.

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Marginal Citations

Interest not payable on back dated liability for community charges where there is reasonable excuse for non-registrationE+W+S

11(1)In subsection (3)(a) of section 18 of the Abolition of Domestic Rates Etc. (Scotland) Act 1987 (interest on backdated liability for community charges) after the words “together with” there shall be inserted the words “ ,unless he satisfies the levying authority that he has a reasonable excuse for not having been registered, ”E+W+S

(2)The amendment made by sub-paragraph (1) above shall be deemed to have come into force at the same time as the said section 18.

Exemption from personal community chargeE+W+S

12In paragraph 4 of Schedule 1A to the Abolition of Domestic Rates Etc.(Scotland) Act 1987 (exemption of the severely mentally impaired) there shall be added at the end the following sub-paragraphs—

(6)Regulations under sub-paragraph (5) above may provide that, in the circumstances set out in the regulations, a certificate given for the purposes of sub-paragraph (1)(c) above shall continue to have effect for the purposes of this paragraph notwithstanding that the definition of severe mental impairment upon which the certificate proceeds has been substituted by the regulations.

(7)Regulations under sub-paragraph (5) above made in respect of the financial year 1989-90 may provide that a person—

(a)who was not within the old definition of severely mentally impaired but who, being within the new definition of that expression, is exempt; and

(b)in respect of whom such conditions as are prescribed are fulfilled

may be treated as having been exempt as from such date prior to the coming into force of the regulations as may be provided for in the regulations.

(8)In sub-paragraph (7) above, the “old” definition is the definitionin force immediately before the coming into force of regulations under sub-paragraph (5) above and the “new” definition is the definition being substituted for the old definition by regulations under that sub-paragraph.

13For paragraph 5 of Schedule 1A to the Abolition of Domestic Rates Etc. (Scotland) Act 1987 (exemption of person in respect of whom another is entitled to child benefit) there shall be substituted the following paragraph—

5A person is exempt if—

(a)another person is entitled to child benefit in respect of him; or

(b)a person would be entitled to child benefit in respect of him but for paragraph 1(b) or (c) of Schedule 1 to the Child Benefit Act 1975.

14After paragraph 6 of Schedule 1A to the M29Abolition of Domestic Rates Etc. (Scotland) Act 1987 there shall be inserted the following paragraph—

6A(1)A person is exempt if—

(a)he is aged under 20;

(b)he is undertaking a qualifying course of education; and

(c)the course is not undertaken in consequence of an office or employment held by the person.

(2)For the purposes of this paragraph, a person shall be treated as undertaking a qualifying course of education if (and only if) he fulfils such conditions as may be prescribed.

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Marginal Citations

15In paragraph 12(c) of Schedule 1A to the Abolition of Domestic Rates Etc. (Scotland) Act 1987 (exemption for persons residing in premises subject to non-domestic rates) there shall be added at the end “ but are not part residential subjects ”.

Liability for non-domestic water rateE+W+S

[F6016(1)In section 40(3) of the M30Water (Scotland) Act 1980 (which provides as to who is liable for the non-domestic water rate) there shall be inserted at the end the words “or who would be liable to pay those non-domestic rates but for any enactment which exempts the lands and heritages from those rates or by or under which any relief or remission from liability for those rates is given”.E+W+S

(2)The amendment made by sub-paragraph (1) above shall be deemed to have come into force at the same time as paragraph 29 of Schedule 5 to the Abolition of Domestic Rates Etc. (Scotland) Act 1987.]

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Amendments (Textual)

Marginal Citations

Premises in respect of which non-domestic water rate is leviableE+W+S

[F6117(1)In section 41 of the Water (Scotland) Act 1980 (levy of non-domestic waterrate on certain premises)—E+W+S

(a)in the proviso to subsection (1) (rate to be levied on one half of rateable value or lower fraction resolved by water authority)—

(i)after the word “aforesaid” there shall be inserted the words “ orto any class of such premises ”; and

(ii)after the words “those premises” there shall be inserted the words “ or, as the case may be, to premises in that class ”; and

(b)in subsection (4) (premises subject to the rate) after the words “other premises ” there shall be inserted the words “ of whatsoever kind but ”.

(2)The amendments made by sub-paragraph (1) above shall be deemed always to have been in force.]

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Amendments (Textual)

Exemption of formula valued premises from non-domestic water rateE+W+S

[F6218In section 6 of the M31Local Government (Scotland) Act 1975 (valuation by formula of certain lands and heritages) after subsection (1) there shall be inserted the following subsection—

(1A)The Secretary of State may by order provide that the non-domestic water rate shall not be leviable in respect of formula valued lands and heritages or of such formula valued lands and heritages or of such class or description of formula valued lands and heritages as may be prescribed for the purposes of this subsection.

In this subsection, “formula valued lands and heritages” are lands and heritages which have, or lands and heritages of a class or description which has, been prescribed for the purposes of subsection (1) above.]

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Amendments (Textual)

Marginal Citations

[F6319In section 40 of the M32Water (Scotland) Act 1980 (non-domestic water rate)—

(a)in subsection (1), after the word “Act” there shall be inserted the words “ and section 6(1A) of the Local Government (Scotland) Act 1975 (exemption of formula valued premises from non-domestic water rate) ”;

(b)subsection (7) shall be omitted.]

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Amendments (Textual)

Marginal Citations

Liability for non-domestic sewerage rateE+W+S

F6420. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

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Amendments (Textual)

Reduced liability for non-domestic sewerage rate in respect of certain church and charity premisesE+W+S

F6521. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

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Amendments (Textual)

Public inspection of community charges registerE+W+S

22In section 20(2)(a)(ii) of the M33Abolition of Domestic Rates Etc. (Scotland) Act 1987 after “premises", where secondly occurring, there shall be inserted “ or the sex of that person ”.

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Marginal Citations

Exclusion from voting disability of local authority members who are community charge payersE+W+S

23(1)In section 41(4) of the M34Local Government (Scotland) Act 1973 (exclusion from voting disability) after the word “as”, where first occurring, there shall be inserted the words “ a person who is liableto pay any of the community charges or community water charges imposed under the Abolition of Domestic Rates Etc. (Scotland) Act 1987 or who would be soliable but for any enactment or anything provided or done under any enact mentor as ”.E+W+S

(2)The amendment made by sub-paragraph (1) above shall be deemed to have come into force at the same time as sections 8 to 11 of the Abolition of DomesticRates Etc. (Scotland) Act 1987.

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Marginal Citations

Revocation of civil penalties imposed by registration officerE+W+S

24(1)In section 17 of the Abolition of Domestic Rates Etc. (Scotland) Act 1987 (which provides for, amongst other things, the imposition of civil penalties)after subsection (11) there shall be inserted the following subsection—E+W+S

(11A)If, after the imposition of a civil penalty under subsection (10) or (11)above but before the making of any appeal under subsection (12) below against that imposition, the registration officer, in the light of information whichhe did not consider when imposing the penalty—

(a)is no longer satisfied as to the matter as to which he was satisfied underparagraph (a) or (b) of subsection (10) above or paragraph (c) of subsection(11) above before imposing the penalty; or

(b)is satisfied that the responsible person upon whom the penalty was imposed did have a reasonable excuse,

he may revoke the imposition of the penalty; and on such revocation any money paid to the regional or islands council by the responsible person by way of that penalty shall be repaid by them to him.

(2)The amendment made by sub-paragraph (1) above shall be deemed to have come into force at the same time as the said section 17.

Evidence in appeals under Abolition of Domestic Rates Etc. (Scotland) Act 1987E+W+S

25In section 29 of the M35Abolition of Domestic Rates Etc. (Scotland) Act 1987 (appeals) after subsection (1) there shall be inserted the following subsection—

(1A)The sheriff may, in considering an appeal under this Act, hear and receive evidence.

This subsection is without prejudice to—

(a)any other enactment, or

(b)any rule of law,

relating to the hearing or receiving of evidence in summary applications..

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Marginal Citations

No liability for community water charges where water previously supplied freeE+W+S

26(1)In paragraph 8 of Schedule 5 to the Abolition of Domestic Rates Etc. (Scotland) Act 1987 (qualifying conditions for liability to pay community water charges) there shall be added at the end and E+W+S

(c)that the supply of water provided is not one which the water authority were, immediately before 16 May 1949, and continue to be under an obligation to provide free of charge.

(2)The amendment made by sub-paragraph (1) above shall be deemed to have comeinto force at the same time as the said paragraph 8.

Provision of information by registration officerE+W+S

27The following section shall be inserted after section 20B of the Abolitionof Domestic Rates Etc. (Scotland) Act 1987—

20C Registration officer: provision of information to Secretary of State.

(1)Subsection (2) below applies where—

(a)the Secretary of State serves a notice on the registration officer requiring him to supply to the Secretary of State information specified in the notice;

(b)the information is in the possession or control of the registration officer and was obtained by him for the purpose of carrying out his functions under this Act; and

(c)the information is not personal information.

(2)The registration officer shall supply the information required, and shall do so in such form and manner and at such time as the Secretary of State specifies in the notice.

(3)Regulations under this section may include provision that the registration officer may—

(a)supply relevant information to any person who requests it;

(b)charge a prescribed fee for supplying the information.

(4)Information is relevant information if—

(a)it was obtained by the registration officer for the purpose of carrying out his functions under this Act; and

(b)it is not personal information.

(5)Personal information is information which relates to an individual (living or dead) who can be identified from that information or from that and other information supplied to any person by the registration officer; and personal information includes any expression of opinion about the individual and any indication of the intentions of any person in respect of the individual.

Revenue support grantsE+W+S

28In section 23(2) of the M36Abolition of Domestic Rates Etc. (Scotland) Act 1987, for the words from “a” onward there shall be substituted the words “ grants (to be known as “revenue support grants”) to local authorities ”.

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29For paragraphs 1 to 3 of Schedule 4 to that Act (revenue support grants) there shall be substituted the following paragraphs—

1(1)The local authorities to which revenue support grant is payable in respect of a financial year shall be such local authorities as are specified by order made by the Secretary of State.

(2)The amount of revenue support grant payable in respect of a financial yeart o a local authority so specified shall be such amount as is determined in relation to the local authority by order made by the Secretary of State.

(3)The Secretary of State may at any time by order amend or revoke any order made under this paragraph and any amount of revenue support grant which has been paid and which, in consequence of anything done under this paragraph, falls to be repaid may be recovered by the Secretary of State whenever and however he thinks fit.

2(1)An order under paragraph 1 above shall be made only with the consent of the Treasury.

(2)Before making an order under paragraph 1 above the Secretary of State shall consult such associations of local authorities as appear to him to be appropriate.

(3)An order under paragraph 1 above together with a report of the considerations which led to its provisions shall be laid before the Commons House of Parliament but shall have no effect until approved by a resolution of that House.

Section 149.

SCHEDULE 7E+W Compensation Provisions of Landlord and Tenant Act 1954, Part II

1Any reference in this Schedule to a section which is not otherwiseidentified is a reference to that section of the M37Landlordand Tenant Act 1954, Part II of which relates to security of tenure forbusiness, professional and other tenants.

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Marginal Citations

2(1)Subject to the following provisions of this Schedule, section 37 (compensation where order for new tenancy precluded on certain grounds) shall have effect with the amendments set out below.E+W

(2)At the beginning of subsection (2) there shall be inserted the words “Subject to subsections (5A) to (5D) of this section”.

(3)After subsection (5) there shall be inserted the following subsections—

(5A)If part of the holding is domestic property, as defined in section 66 ofthe Local Government Finance Act 1988,—

(a)the domestic property shall be disregarded in determining the rateable value of the holding under subsection (5) of this section; and

(b)if, on the date specified in subsection (5)(a) of this section, the tenant occupied the whole or any part of the domestic property, the amount of compensation to which he is entitled under subsection (1) of this section shall be increased by the addition of a sum equal to his reasonable expenses in removing from the domestic property.

(5B)Any question as to the amount of the sum referred to in paragraph (b) of subsection (5A) of this section shall be determined by agreement between the landlord and the tenant or, in default of agreement, by the court.

(5C)If the whole of the holding is domestic property, as defined in section 66 of the Local Government Finance Act 1988, for the purposes of subsection (2) of this section the rateable value of the holding shall be taken to be an amount equal to the rent at which it is estimated the holding might reasonably be expected to let from year to year if the tenant undertook to pay all usual tenant’s rates and taxes and to bear the cost of the repairs and insurance and the other expenses (if any) necessary to maintain the holding in a state to command that rent.

(5D)The following provisions shall have effect as regards a determination of an amount mentioned in subsection (5C) of this section—

(a)the date by reference to which such a determination is to be made is the date on which the landlord’s notice under section 25 or, as the case may be,subsection (6) of section 26 of this Act is given;

(b)any dispute arising, whether in proceedings before the court or otherwise, as to such a determination shall be referred to the Commissioners of Inland Revenue for decision by a valuation officer;

(c)an appeal shall lie to the Lands Tribunal from such a decision but,subject to that, such a decision shall be final.

(4)At the end of subsection (8) (definition of “the appropriate multiplier”) there shall be added the words “and different multipliers may be so prescribed in relation to different cases”.

3The amendments made by paragraph 2 above do not have effect unless the date which, apart from paragraph 4 below, is relevant for determining the rateable value of the holding under subsection (5) of section 37 is on or after 1st April 1990.

4(1)Subject to paragraph 3 above and paragraph 5 below, in any case where—E+W

(a)the tenancy concerned was entered into before 1st April 1990 or was entered into on or after that date in pursuance of a contract made before that date, and

(b)the landlord’s notice under section 25 or, as the case may be, section 26(6) is given before 1st April 2000, and

(c)within the period referred to in section 29(3) for the making of anapplication under section 24(1), the tenant gives notice to the landlord that he wants the special basis of compensation provided for by this paragraph,

the amendments made by paragraph 2 above shall not have effect and section 37 shall, instead, have effect with the modification specified in sub-paragraph (2) below.

(2)The modification referred to in sub-paragraph (1) above is that the date which is relevant for the purposes of determining the rateable value of the holding under subsection (5) of section 37 shall be 31st March 1990 insteadof the date on which the landlord’s notice is given.

5In any case where—

(a)paragraph 4(1)(a) above applies, and

(b)on 31st March 1990, the rateable value of the holding could be determined only in accordance with paragraph (c) of subsection (5) of section 37,

no notice may be given under paragraph 4(1)(b) above.

Section 160.

F66SCHEDULE 8E+W Welsh Language Names for Local Authorities

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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.

Amendments (Textual)

F66Sch. 8 omitted (7.1.1997) by virtue of S.I. 1996/3071, art. 2, Sch. para. 3(11)

Section 165.

SCHEDULE 9E+W Amendments of Parts VI, IX, XI, XVII and XVIII of the Housing Act 1985

Part IE+W Amendments of Part VI

1(1)In section 189 (repair notice in respect of unfit house), in subsection (1), after the words “dwelling-house”, in the first two places where they occur, there shall be inserted “ or house in multiple occupation ” and for the words from “unless they are satisfied” onwards there shall be substituted “ if they are satisfied, in accordance with section 604A, that serving a notice under this subsection is the most satisfactory course of action ”.E+W

(2)In subsection (1A) of that section—

(a)for the words “a dwelling-house which is a flat” there shall be substituted “ either a dwelling-house which is a flat or a flat in multiple occupation ”;

(b)for the words from “by reason” to “outside the flat” there shall be substituted “ by virtue of section 604(2) ”; and

(c)for the words from “that part of the building” onwards there shall be substituted “ the part of the building in question if they are satisfied, in accordance with section 604A, that serving a notice under this subsection is the most satisfactory course of action ”.

(3)After subsection (1A) there shall be inserted the following subsection—

(1B)In the case of a house in multiple occupation, a repair notice may be served on the person managing the house instead of on the person having control; and where a notice is so served, then, subject to section 191, the person managing the house shall be regarded as the person having control of it for the purposes of the provisions of this Part following that section.

(4)In subsection (2) of that section, in paragraph (a) after the words “works specified in the notice” there shall be inserted “ (which may be works of repair or improvement or both) ” and for the words “seventh day after the notice becomes operative” there shall be substituted “ twenty-eighth day after the notice is served ”, and in paragraph (b) after the words “dwelling-house” there shall be inserted “ or, as the case may be, house in multiple occupation ”.

(5)In subsection (3) of that section—

(a)after the words “serving the notice” there shall be inserted “ (a) ”;

(b)after the words “building concerned” there shall be inserted or

(b)on the person having control of or, as the case may be, on the person managing the house in multiple occupation which is concerned; and

(c)in the words following paragraph (b), as set out above, for the words “or part of the building” there shall be substituted “ part of the building or house ”.

(6)After subsection (5) there shall be added the following subsection—

(6)This section has effect subject to the provisions of section 190A.

2(1)In section 190 (repair notice in respect of house in state of disrepair but not unfit)—E+W

(a)at the beginning of each of subsections (1) and (1A) there shall be inserted the words “ Subject to subsection (1B) ”;

(b)in subsection (1), after the words “dwelling-house”, in each placewhere they occur, there shall be inserted “ or house in multiple occupation ” and at the end of paragraph (b) of that subsection there shall be added “ or, in the case of a house in multiple occupation, the persons occupying it (whether as tenants or licensees) ”; and

(c)in subsection (1A) after the words “a flat” there shall be inserted “ including a flat in multiple occupation ” and at the end of paragraph (b) of that subsection there shall be added “ or, in the case of a flat in multiple occupation, the persons occupying it (whether as tenants or licensees) ”.

(2)After subsections (1A) there shall be inserted the following subsections—

(1B)The authority may not serve a notice under subsection (1) or subsection (1A) unless—

(a)there is an occupying tenant of the dwelling-house or flat concerned; or

(b)the dwelling-house or building concerned falls within a renewal area within the meaning of Part VII of the Local Government and Housing Act 1989.

(1C)In the case of a house in multiple occupation, a notice under subsection (1) or subsection (1A) may be served on the person managing the house instead of on the person having control of it; and where a notice is so served, then, subject to section 191, the person managing the house shall be regarded as the person having control of it for the purposes of the provisions of this Part following that section.

(3)In subsection (2)(a) of that section for the words “seventh day after the notice becomes operative” there shall be substituted “ twenty-eighth day after the notice is served ”.

(4)In subsection (3) of that section—

(a)after the words “serving the notice” there shall be inserted “ (a) ”;

(b)after the words “building concerned” there shall be inserted or

(b)on the person having control of or, as the case may be, on the person managing the house in multiple occupation which is concerned; and

(c)in the words following paragraph (b), as set out above, for the words “or part of the building” there shall be substituted “ part of the building or house ”.

3After that section there shall be inserted the following section—

190A Effect on section 189 of proposal to include premises in group repair scheme.

(1)A local housing authority shall not be under a duty to serve a repair notice under subsection (1) or, as the case may be, subsection (1A) of section 189 if, at the same time as they satisfy themselves as mentioned in thesubsection in question, they determine—

(a)that the premises concerned form part of a building which would be a qualifying building in relation to a group repair scheme; and

(b)that, within the period of twelve months beginning at that time, they expect to prepare a group repair scheme in respect of the qualifying building (in this section referred to as a “relevant scheme”);

but where, having so determined, the authority do serve such a notice, they may do so with respect only to those works which, in their opinion, will not be carried out to the premises concerned in pursuance of the relevant scheme.

(2)Subject to subsection (3), subsection (1) shall apply in relation to the premises concerned from the time referred to in subsection (1) until the date on which the works specified in a relevant scheme are completed to the authority’s satisfaction (as certified under section 130(1) of the Local Government and Housing Act 1989).

(3)Subsection (1) shall cease to have effect in relation to the premises concerned on the day when the first of the following events occurs, that is to say,—

(a)the local housing authority determine not to submit a relevant scheme to the Secretary of State for approval; or

(b)the expiry of the period referred to in subsection (1)(b) without either the approval of a relevant scheme within that period or the submission of a relevant scheme to the Secretary of State within that period; or

(c)the Secretary of State notifies the authority that he does not approve a relevant scheme; or

(d)the authority ascertain that a relevant scheme, as submitted or approved, will not, for whatever reason, involve the carrying out of any works to the premises concerned.

(4)In any case where, in accordance with subsection (1), the authority serve a repair notice under subsection (1) or, as the case may be, subsection (1A)of section 189 with respect only to certain of the works which would otherwise be specified in the notice, subsection (2)(b) of that section shall have effect with respect to the notice as if after the word “notice” there were inserted the words “ when taken together with works proposed to be carried out under a group repair scheme ”.

(5)In this section and section 189 “group repair scheme” and “qualifying building” have the same meaning as in Part VIIIof the Local Government and Housing Act 1989.

4(1)In section 191 (appeals against repair notices), in subsection (1A) after the words “dwelling-house” there shall be inserted “ house in multiple occupation ” and after that subsection there shall be inserted the following subsection—E+W

(1B)Without prejudice to the generality of subsection (1), it shall be a ground of appeal, in the case of a repair notice under section 189, that making a closing order under section 264 or a demolition order under section 265 is the most satisfactory course of action; and, where the grounds on which an appeal is brought are or include that specified in this subsection, the court, on the hearing of the appeal, shall have regard to any guidance given to the local housing authority under section 604A.

(2)In subsection (3) of that section the words “(repair notice in respect of unfit dwelling-house)” shall be omitted and for the words from “the judge shall” onwards there shall be substituted— “ and the reason or one of the reasons for allowing the appeal is that making a closing order under section 264 or a demolition order under section 265 is the most satisfactory course of action, the judge shall, if requested to do so by the appellant or the local housing authority, include in his judgement a finding to that effect ”.

(3)In subsection (3B) of that section after the words “dwelling-house”, in both places where they occur, there shall be inserted “ or house in multiple occupation ”.

5After that section there shall be inserted the following section—

191A Execution of works by local housing authority by agreement

(1)The local housing authority may by agreement with the person having control of any premises execute at his expense any works which he is required to execute in respect of the premises in pursuance of a repair notice served under section 189 or section 190.

(2)For that purpose the authority shall have all such rights as that person would have against any occupying tenant of, and any other person having an interest in, the premises (or any part of the premises).

6Section 192 (power to purchase house found on appeal to be unfit and beyond repair at reasonable expense) shall cease to have effect.

7In section 193 (power of local housing authority to execute works), in subsection (4) after the words “dwelling-house” there shall be inserted “ house in multiple occupation ” and for the words “in default of the person on whom the repair notice was served” there shall be substituted “ in a case where the repair notice has not been complied with ”.

8(1)In section 197 (powers of entry), in subsection (1)—E+W

(a)for the words “24 hours”' there shall be substituted “ seven days’ ”;

(b)at the end of paragraph (a) there shall be inserted “ or ”; and

(c)paragraph (c) and the word “or” immediately preceding it shall beomitted.

(2)At the end of subsection (2) of that section there shall be added the words “ and shall, if so required, be produced for inspection by the occupier or anyone acting on his behalf ”.

9In section 198 (penalty for obstruction), in subsection (1) after the word “offence” there shall be inserted “ intentionally ”.

10Section 205 (application of provisions to temporary or movable structures) shall cease to have effect.

11Section 206 (repair at reasonable expense) shall cease to have effect.

12(1)In section 207 (minor definitions), in subsection (1) in the definition beginning “dwelling-house” after the word “flat”, in the first place where it occurs, there shall be inserted “ other than in the expression “flat in multiple occupation” ” and after that definition there shall be inserted—E+W

house in multiple occupation” and “flat in multiple occupation” have the same meaning as in Part XI.

(2)In that subsection for the definition beginning “occupying tenant” there shall be substituted—

occupying tenant”, in relation to a dwelling-house, means a person (other than an owner-occupier) who—

(a)occupies or is entitled to occupy the dwelling-house as a lessee; or

(b)is a statutory tenant of the dwelling-house; or

(c)occupies the dwelling-house as a residence under a restricted contract; or

(d)is a protected occupier, within the meaning of the Rent (Agriculture) Act 1976; or

(e)is a licensee under an assured agricultural occupancy;

(3)In that subsection after the definition of “owner” there shall be inserted—

owner-occupier”, in relation to a dwelling-house, means theperson who, as owner or lessee under a long tenancy, within the meaning of Part I of the Leasehold Reform Act 1967, occupies or is entitled to occupy the dwelling-house;

person managing” has the same meaning as in Part XI.

(4)In that subsection in the definition beginning “person having control” for the words “subject to section 191(3A)” there shall be substituted “ subject to sections 189(1B), 190(1C) and 191 ” and in paragraph (a) after the words “dwelling-house” there shall be inserted “ or house in multiple occupation ”.

(5)In that subsection in the definition beginning “premises” after the words “dwelling-house” there shall be inserted “ house in multiple occupation ”.

(6)In subsection (2) of that section after the words “dwelling-house”, in the first place where they occur, there shall be inserted “ or house in multiple occupation ”.

13In section 208 (index of defined expressions for Part VI)—

(a)the entries beginning “house” and “reasonable expense” shall be omitted;

(b)in the entry beginning “occupying tenant” for the words in the second column there shall be substituted “ section 207 ”; and

(c)at the appropriate places in alphabetical order there shall be inserted the following entries—

dwelling-housesections 205 and 207
flatsection 207
house in multiple occupation (and flat in multiple occupation)section 345
owner-occupiersection 207
person managingsection 398
premisessection 207
restricted contractsection 622
statutory tenantsection 622

Part IIE+W Amendments of Part IX

14For sections 264 (power to accept undertaking as to reconstruction or use of unfit house) and 265 (demolition or closing order to be made where no undertaking accepted or undertaking broken) there shall be substituted the following sections—

264 Power to make closing order.

(1)Where the local housing authority are satisfied that a dwelling-house or house in multiple occupation is unfit for human habitation and that, in accordance with section 604A, taking action under this subsection is the most satisfactory course of action, they shall make a closing order with respect to the dwelling-house or house in multiple occupation.

(2)Where the local housing authority are satisfied that, in a building containing one or more flats, some or all of the flats are unfit for human habitation and that, in accordance with section 604A, taking action under this subsection is the most satisfactory course of action, they shall make a closing order with respect to the whole or part of the building.

(3)In deciding for the purposes of subsection (2)—

(a)whether to make a closing order with respect to the whole or part of thebuilding; or

(b)in respect of which part of the building to make a closing order;

the authority shall have regard to such guidance as may from time to time be given by the Secretary of State under section 604A.

(4)This section has effect subject to section 300(1) (power to purchase for temporary housing use houses liable to be demolished or closed).

265 Power to make demolition order.

(1)Where the local housing authority are satisfied that—

(a)a dwelling-house which is not a flat, or

(b)a house in multiple occupation which is not a flat in multiple occupation,

is unfit for human habitation and that, in accordance with section 604A,taking action under this subsection is the most satisfactory course of action, they shall make a demolition order with respect to the dwelling-house or house concerned.

(2)Where the local housing authority are satisfied that, in a building containing one or more flats, some or all of the flats are unfit for human habitation and that, in accordance with section 604A, taking action under this subsection is the most satisfactory course of action, they shall make a demolition order with respect to the building.

(3)This section has effect subject to sections 300(1) (power to purchase for temporary housing use houses liable to be demolished or closed) and 304(1) (listed buildings and buildings protected by notice pending listing).

15Section 266 (power to make closing order as to part of building) shall cease to have effect.

16(1)In section 268 (service of notice of order), in subsection (1), paragraph (a) shall be omitted and in paragraph (b) the word “other” shall be omitted.E+W

(2)After that subsection there shall be inserted the following subsection—

(1A)Where the premises in respect of which a demolition or closing order is made is a building or part of a building containing flats, any reference in paragraphs (b) and (c) of subsection (1) to “the premises” includes a reference to the flats in the building or part of the building concerned.

17(1)In section 269 (right of appeal against order), in subsection (2) after the word “premises” there shall be inserted “ or part of the premises ”.E+W

(2)After that subsection there shall be inserted the following subsection—

(2A)Without prejudice to the generality of subsection (1), it shall be aground of appeal—

(a)in the case of a closing order, that serving a repair notice under section 189 or making a demolition order under section 265 is the most satisfactory course of action; and

(b)in the case of a demolition order, that serving a repair notice under section 189 or making a closing order under section 264 is the most satisfactory course of action;

and, where the grounds on which an appeal is brought are or include that specified in paragraph (a) or paragraph (b), the court, on hearing the appeal, shall have regard to any guidance given to the local housing authority under section 604A.

(3)In subsection (3) of that section, paragraph (b) and the word “and” immediately preceding it shall be omitted.

(4)After that subsection there shall be inserted the following subsection—

(3A)Where an appeal is allowed against a closing or demolition order and the reason or one of the reasons for allowing the appeal is that specified in paragraph (a) or, as the case may be, paragraph (b) of subsection (2A), the judge shall, if requested to do so by the appellant or the local housing authority, include in his judgement a finding to that effect.

(5)Subsections (4) and (5) of that section shall cease to have effect.

18(1)In section 270 (demolition orders: recovery of possession of building to be demolished), in subsection (1)—E+W

(a)after the word “operative” there shall be inserted “ with respect to any premises ”;

(b)for the words from “the occupier” to “relates” there shall be substituted “ any occupier of the premises or any part of the premises ”;and

(c)in paragraphs (b) and (c) for the word “building” there shall be substituted “ premises ”.

(2)In subsections (2), (3), (4) and (5) of that section—

(a)for the words “the building”, in each place where they occur, there shall be substituted “ the premises ”;

(b)for the word “it”, in each place where it occurs, there shall be substituted “ them ”; and

(c)for the words “a building”, in each place where they occur, there shall be substituted “ any premises ”.

19In section 273 (demolition orders: cleansing before demolition), in subsection (4) for the word “house” there shall be substituted “ premises ”.

20(1)In section 274 (demolition orders: power to permit reconstruction of condemned house), in subsection (1) for the word “house”, in each place where it occurs, there shall be substituted “ premises ”.E+W

(2)In subsection (2) of that section—

(a)for the word “houses” there shall be substituted “ dwelling-houses or houses in multiple occupation ”;

(b)for the word “house” there shall be substituted “ premises ”; and

(c)for the word “it” there shall be substituted “ them ”.

(3)In subsection (4) of that subsection—

(a)for the words “a house” there shall be substituted “ any premises ”;

(b)for the word “it” there shall be substituted “ them ”; and

(c)for the words “the house” there shall be substituted “ the premises or part of the premises ”.

21(1)In section 275 (demolition orders: substitution of closing order to permit use otherwise than for human habitation), in subsection (1)—E+W

(a)for the words “a house” there shall be substituted “ any premises ”; and

(b)for the words “the house”, in each place where they occur, there shall be substituted “ the premises ”.

(2)In subsection (2) of that section, for the words following “on” there shall be substituted “ every person on whom they would be required by section 268 to serve a copy of a closing order made under section 264 ”.

22In section 278 (closing orders: determination of order on premises being rendered fit), in subsection (1) for the words “premises”, in the first place where they occur, there shall be substituted “ dwelling-house, house in multiple occupation or, in the case of a building containing flats, the flats concerned ”.

23(1)In section 279 (closing orders: substitution of demolition order), in subsection (1) for the words “subsection (2)” there shall be substituted “ subsections (2) and (2A) ”.E+W

(2)In subsection (2) of that section the words “section 266 (parts of buildings and underground rooms)”shall be omitted.

(3)After that subsection there shall be inserted the following subsection—

(2A)The power conferred by subsection (1) is not exercisable in relation to a closing order made under section 264(1) where the dwelling-house concerned is a flat or, as the case may be, where the house in multiple occupation is a flat in multiple occupation.

24Sections 280, 281 and 282 (which relate to the closing etc. of underground rooms) shall cease to have effect.

25(1)In section 289 (declaration of clearance area), in subsection (2)—E+W

(a)at the beginning there shall be inserted the words “Subject to subsections (2B) to (2F), (4) and (5B)”;

(b)in paragraph (a) for the words “houses in the area” there shall be substituted “ buildings in the area which are dwelling-houses or houses in multiple occupation or contain one or more flats (in this section referred to as “residential buildings”) ”; and

(c)in the words following paragraph (b) after the word “and” there shall be inserted “ in accordance with subsection 604A ” and for the words “method of dealing with the conditions in the area” there shall be substituted “ course of action ”.

(2)After that subsection there shall be inserted the following subsections—

(2A)A residential building containing one or more flats shall be treated for the purposes of this section as unfit for human habitation if some or all of the flats within it are unfit for human habitation.

(2B)Before declaring an area to be a clearance area, the authority shall—

(a)serve notice of their intention to include a building in the clearance area on every person who has an interest in the building (whether as freeholder, lessee or mortgagee) and also, in the case of a residential building, on every person who has such an interest in any flat in the building; and

(b)take reasonable steps to inform any occupiers of a residential building who do not have such an interest in the building or a flat in the building as is referred to in paragraph (a) of their intention to include the building inthe clearance area; and

(c)publish in two or more newspapers circulating in the locality (of which one at least shall, if practicable, be a local newspaper) notice of their intention to declare the area to be a clearance area.

(2C)A notice served under paragraph (a) of subsection (2B) shall invite representations from the person on whom the notice was served within such reasonable period, being not less than twenty-eight days after the date on which the notice is served, as may be specified in the notice.

(2D)The authority shall, by the steps taken in relation to occupiers of a residential building as mentioned in paragraph (b) of subsection (2B), invite representations from those occupiers within such reasonable period, expiring not less than twenty-eight days after the date on which the steps are taken,as may be specified by the authority.

(2E)A notice published in accordance with paragraph (c) of subsection (2B) shall invite representations from any interested persons within such reasonable period, being not less than twenty-eight days after the date on which the notice is published, as may be specified in the notice.

(2F)The authority shall consider all representations made under subsections (2C), (2D) and (2E) and, in the light of the representations, shall take whichever of the following decisions they think appropriate, that is to say—

(a)they may decide to declare the area to be a clearance area; or

(b)they may decide to declare the area to be a clearance area but exclude such residential buildings which are unfit for human habitation as they think fit; or

(c)they may decide not to declare the area to be a clearance area.

(3)In subsection (3) of that section,—

(a)for the words “If the authority are so satisfied” there shall be substituted the words “ Subject to subsection (5B), where the authority decide to declare an area to be a clearance area in accordance with paragraph(a) or paragraph (b) of subsection (2F) ”; and

(b)in paragraph (a), for the words from “any building” onwards there shall be substituted—

(i)any residential building which is not unfit for human habitation or dangerous or injurious to health;

(ii)any other building which is not dangerous or injurious to health; and

(iii)any residential buildings which, by virtue of subsection (2F)(b), they have decided to exclude from the area; and

(4)After subsection (5) there shall be inserted the following subsections—

(5A)Where a residential building which is unfit for human habitation is not included within a clearance area, whether by virtue of paragraph (b) or paragraph (c) of subsection (2F), the authority shall forthwith, in accordance with section 604A (disregarding guidance under that section in respect of this section), take action in respect of the building (and any flat contained within it) under whichever of sections 189, 264 and 265 it considers to be the most satisfactory course of action.

(5B)Subject to section 578A, a clearance area may not include any parcel of land which is not contiguous with another parcel of land within the area; and,where the effect of subsection (3) would otherwise be that a clearance area would comprise two or more separate and distinct areas, paragraph (b) of that subsection shall have effect as if for the words “pass a resolution declaring the area so defined” there were substituted “ if the effect of paragraph (a) would otherwise be that the area would comprise two or more separate and distinct areas, pass a separate resolution in respect of each of those areas declaring each of them ”.

26In section 291 (method of dealing with land acquired for clearance), in subsection (3) the words “Schedule 11 (rehabilitation orders)” shall be omitted.

27(1)In section 294 (extinguishment of public rights of way over land acquired), at the end of subsection (1) there shall be added the words “ as from such date as the Secretary of State in approving the order may direct ”.E+W

(2)In subsection (2) of that section for the words from “they may make”onwards there shall be substituted “ an order made by the authority in advance of the purchase and approved by the Secretary of State (whether before or after the purchase) shall extinguish that right as from such date as the Secretary of State in approving the order may direct ”.

(3)In subsection (3) of that section—

(a)for the word “six” there shall be substituted “ four ”; and

(b)after the word “publication” there shall be inserted “ then, subject to subsection (4) ”.

(4)After that subsection there shall be inserted the following subsection—

(4)The Secretary of State may dispense with such an inquiry as is referred to in subsection (3) if he is satisfied that in the special circumstances of the case the holding of such an inquiry is unnecessary.

28Section 299 and Schedule 11 (rehabilitation orders in respect of houses in clearance areas) shall cease to have effect.

29(1)In section 300 (purchase of houses liable to be demolished or closed), in subsection (1)—E+W

(a)after the word “under” there shall be inserted “ section 264 or ”;

(b)for the word “house”, in the first place where it occurs, there shall be substituted “ dwelling-house (not being a flat), a house in multiple occupation (not being a flat in multiple occupation) or the whole of a building ”; and

(c)for the word “house”, in the second place where it occurs, there shall be substituted “ dwelling-house, house in multiple occupation or, as the case may be, building ”.

(2)In subsection (2) of that section—

(a)for the words “a house” there shall be substituted “ any premises ”; and

(b)in paragraph (b) for “269” there shall be substituted “ 269(1), (2), (3) and (6) ”.

(3)In subsection (3) of that section for the word “house” there shall be substituted “ dwelling-house, house in multiple occupation or building ”.

30(1)In section 301 (retention of houses acquired for clearance), in subsection (1) for the word “houses”, in each place where it occurs, there shall be substituted “ residential buildings ”.E+W

(2)In subsection (2) of that section for the word “house”, in each place where it occurs, there shall be substituted “ residential building ”.

(3)In subsection (3) of that section for the word “houses”, in each place where it occurs, there shall be substituted “ residential buildings ”.

(4)After that subsection there shall be inserted the following subsection—

(4)In this section and section 302 “residential building” has the same meaning as it has in section 289.

31In section 302 (management and repair of house acquired under s. 300 or retained under s. 301)—

(a)for the word “house”, in each place where it occurs except in paragraph (c), there shall be substituted “ residential building ”; and

(b)in paragraph (c) for the word “house” there shall be substituted “ residential building or any flat in the building ”.

32(1)In section 304 (closing order to be in respect of listed building), in subsection (1)—E+W

(a)for the words from “(unfit” to “cost)” there shall be substituted “ (power to make demolition order) ”; and

(b)for the words “that section” there shall be substituted “ section 264 ”.

(2)In subsection (2) of that section—

(a)for the word “house”, in each place where it occurs, there shall be substituted “ dwelling-house, house in multiple occupation or building ”;and

(b)for the words “section 265” there shall be substituted “ section 264 ”.

(3)In subsection (3) of that section for the word “house”, in each place where it occurs, there shall be substituted “ dwelling-house, house in multiple occupation or building ”.

33(1)In section 305 (building becoming listed when subject to compulsory purchase for clearance), in subsection (5)—E+W

(a)for the word “building”, in the first place where it occurs, there shall be substituted “ residential building ”; and

(b)for the words from “take whichever” onwards there shall be substituted the words “ in accordance with section 604A (disregarding guidance under that section in respect of sections 265 and 289), take action under whichever of sections 189 and 264 it considers to be the most satisfactory course of action. ”

(2)In subsection (6) of that section for the word “house”, in each place where it occurs, there shall be substituted “ residential building ”.

(3)After subsection (7) of that section there shall be inserted the following subsection—

(8)In this section “residential building” has the same meaning as in section 289; and subsection (2A) of that section shall apply in determining whether a residential building containing one or more flats is unfit for human habitation for the purposes of subsection (4) as it applies for the purposes of that section.

34In section 306 (building becoming listed when acquired by agreement for clearance), in subsection (2), in paragraph (b) for the word “house” there shall be substituted “ residential building (within the meaning of section 289) ”.

35In section 309 (recovery of possession of premises for purposes of approved re-development), in subsection (2) for the word “house”, in each place where it occurs, there shall be substituted “ dwelling-house ”.

36(1)In section 310 (certificate of fitness resulting from owner’s improvements or alterations), in subsection (1)—E+W

(a)for the word “house”, in the first place where it occurs, there shall be substituted “ dwelling-house, house in multiple occupation or building containing one or more flats ”; and

(b)for the word “house”, in the second place where it occurs, there shall be substituted “ dwelling-house, the house or the flat or flats in the building ”.

(2)In subsection (3) of that section for the words “house is” there shall be substituted “ dwelling-house or house is or, as the case may be, the flat or flats in the building is or are ”.

(3)In subsection (4) of that section for the word “house”, in each place where it occurs, there shall be substituted “ dwelling-house, house in multiple occupation or building ”.

37In section 315 (power of court to order occupier or owner to permit things to be done), in subsection (1)—

(a)in paragraph (a) the words “or person having control” shall be omitted; and

(b)in paragraph (b) for the words “owner or person having control” there shall be substituted “ or owner ”.

38In section 318 (power of court to authorise execution of works on unfit premises or for improvement), in subsection (1) for the word “houses” there shall be substituted “ dwelling-houses or houses in multiple occupation or both ”.

39(1)In section 319 (powers of entry), in subsection (1) for the words “24 hours” there shall be substituted “ seven days ”.E+W

(2)At the end of subsection (2) of that section there shall be added the words “ and shall, if so required, be produced for inspection by the occupier or anyone acting on his behalf ”.

40(1)In section 320 (penalty for obstruction), in subsection (1) after the word “offence” there shall be inserted “ intentionally ”.E+W

(2)In subsection (2) of that section for the words “level 2” there shall be substituted “ level 3 ”.

41Section 321 (repair at reasonable expense) shall cease to have effect.

42In section 322 (minor definitions)—

(a)for the definition of “house” there shall be substituted—

dwelling-house” and “flat”, except in the expression “flat in multiple occupation”, shall be construed in accordance with subsection (2) and “the building”, in relation to a flat, means the building containing the flat;

house in multiple occupation” and “flat in multiple occupation” have the same meaning as in Part XI

(b)the definition of “person having control” shall be omitted; and

(c)at the end there shall be added—

premises”, in relation to a demolition or closing order, means the dwelling-house, house in multiple occupation, building or part of a building in respect of which the closing order or, as the case may be,demolition order is made.

(2)For the purposes of this Part, “dwelling-house” includes any yard, garden, outhouses and appurtenances belonging to it or usually enjoyed with it and section 183 shall have effect to determine whether a dwelling-house is a flat.

(3)Except where the context otherwise requires, any reference in this Part (other than this section) to a flat is a reference to a dwelling-house which is a flat or to a flat in multiple occupation.

43In section 323 (index of defined expressions: Part IX)—

(a)the entries beginning “the full standard”, “general improvement area”, “house”, “land liable to be cleared”, “person having control”, “slum clearance functions”, “slum clearance subsidy” and “year” shall be omitted

(b)in the entries beginning “fit (or unfit) for human habitation” and “unfit (or fit) for human habitation” for the words in the second column there shall be substituted “ section 604 ”; and

(c)at the appropriate places in alphabetical order there shall be inserted the following entries—

dwelling-housesections 266 and 322
flatsection 322
house in multiple occupationsection 322
premisessection 322

Part IIIE+W Amendments of Part XI

44At the end of section 345 (meaning of “multiple occupation”) there shall be added the following subsection—

(2)For the purposes of this section “house”, in the expression “house in multiple occupation”, includes any part of a building which—

(a)apart from this subsection would not be regarded as a house; and

(b)was originally constructed or subsequently adapted for occupation by a single household;

and any reference in this Part to a flat in multiple occupation is a reference to a part of a building which, whether by virtue of this subsectionor without regard to it, constitutes a house in multiple occupation.

F6745. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

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Amendments (Textual)

F6846. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

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Amendments (Textual)

F6947. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

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Amendments (Textual)

48(1)In section 350 (power to require information for purposes of scheme), in subsection (1) the words “or building”, in each place where they occur, shall be omitted.E+W

(2)In subsection (2) of that section after the word “exceeding” there shall be inserted “ (a) ” and at the end there shall be added in the case of such a failure; or

(b)level 3 on the standard scale in the case of such a mis-statement

49(1)In section 352 (power to require execution of works to render premises fit for number of occupants), in subsection (1) at the beginning there shall be inserted “ Subject to section 365 ” and for the words from “the condition of a house” onwards there shall be substituted— in the opinion of the authority, a house in multiple occupation fails to meet one or more of the requirements in paragraphs (a) to (e) of subsection (1A) and, having regard to the number of individuals or households or both for the time being accommodated on the premises, by reason of that failure the premises are not reasonably suitable for occupation by those individuals or households. E+W

(1A)The requirements in respect of a house in multiple occupation referred to in subsection (1) are the following, that is to say,—

(a)there are satisfactory facilities for the storage, preparation and cooking of food including an adequate number of sinks with a satisfactory supply of hot and cold water;

(b)it has an adequate number of suitably located water-closets for the exclusive use of the occupants;

(c)it has, for the exclusive use of the occupants, an adequate number of suitably located fixed baths or showers and wash-hand basins each of which is provided with a satisfactory supply of hot and cold water;

(d)subject to section 365, there are adequate means of escape from fire; and

(e)there are adequate other fire precautions.

(2)In subsection (2) of that section, at the beginning there shall be inserted “ Subject to subsection (2A) ”, for the word “premises”, in both places where it occurs, there shall be substituted “ house ” and at the end of that subsection there shall be added— “ but the notice shall not specify any works to any premises outside the house ”

(3)After that subsection there shall be inserted the following subsection—

(2A)Where the authority have exercised or propose to exercise their powers under section 368 to secure that part of the house is not used for human habitation, they may specify in the notice such work only as in their opinion is required to meet such of the requirements in subsection (1A) as may be applicable if that part is not so used.

(4)In subsection (3) of that section for paragraph (b) there shall be substituted—

(e)on the person managing the house;; and in the words following that paragraph after the word “lessee” there shall be inserted “ occupier ”.

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

(5A)A notice served under this section is a local land charge.

(5B)Each local housing authority shall—

(a)maintain a register of notices served by the authority under subsection (1) after the coming into force of this subsection;

(b)ensure the register is open to inspection by the public free of charge at all reasonable hours; and

(c)on request, and on payment of any such reasonable fee as the authority may require, supply copies of entries in the register to any person.

(6)Subsection (6) of that section shall cease to have effect.

50In each of the following provisions, that is to say—

(a)section 352, in subsection (4) (effect of notice), and

(b)section 372 (power to require execution of works to remedy neglect of management), in subsection (3) (effect of notice),

for the words from “within such period” onwards there shall be substituted the words as follows, namely,—

(a)to begin those works not later than such reasonable date, being not earlier than the twenty-first day after the date of service of the notice, as is specified in the notice; and

(b)to complete those works within such reasonable period as is so specified.

51In section 353 (appeal against notice under section 352), in subsection (2)—

(a)in paragraph (a) for the words “considerations set out in subsection (1)” there shall be substituted “ requirements set out in subsection (1A) ”; and

(b)after paragraph (d) there shall be inserted—

(dd)that the date specified for the beginning of the works is not reasonable

52In section 354 (power to limit number of occupants of house), in subsection (1), in paragraph (a) for the words “considerations set out in subsection (1)” there shall be substituted “ requirements set out in subsection (1A) ”.

53(1)In section 365 (means of escape from fire: general provisions as to exercise of powers) for subsections (1) and (2) there shall be substituted the following subsections—E+W

(1)In any case where—

(a)the local housing authority have the power to serve a notice under subsection (1) of section 352 in respect of a house in multiple occupation,and

(b)the reason, or one of the reasons, by virtue of which that power arisesis a failure to meet the requirement in paragraph (d) of subsection (1A) of that section,

the authority shall in addition have the power for that reason to accept an undertaking or make a closing order under section 368 in respect of the house.

(2)Where by virtue of subsection (1) the local housing authority have powers in respect of a house in multiple occupation to serve a notice under section 352(1) for the reason mentioned in subsection (1)(b) and to accept an undertaking or make a closing order under section 368, they may exercise such of those powers as appear to them appropriate; and where the house is of such description or is occupied in such manner as the Secretary of State may specify by order for the purposes of this subsection, the authority shall be under a duty to so exercise those powers.

(2A)The local housing authority shall not serve a notice under section 352(1) for the reason mentioned in subsection (1)(b) or accept an undertaking or make a closing order under section 368 if the house is of such description or is occupied in such manner as the Secretary of State may specify by order for the purposes of this subsection.

F70(2). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(3)In subsection (4) of that section F71. . . at the end F71. . . there shall be inserted the following subsection—

(5)Nothing in this section affects the power of the local housing authority to serve a notice under subsection (1) of section 352 if the house also fails to meet one or more of the requirements in paragraphs (a) to (c) and (e) ofsubsection (1A) of that section.

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Amendments (Textual)

54Sections 366 and 367 (means of escape from fire: power by notice to require execution of works and appeals against notice) shall cease to have effect.

55(1)In section 368 (means of escape from fire: power to secure that part of house not used for human habitation), in subsection (1) at the beginning there shall be inserted “ Subject to section 365 ”.E+W

F72(2). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(3)In subsection (5) of that section—

(a)for the words from “section 265” to “unfit for human habitation)” there shall be substituted “ section 264 ”;

(b)for the words “the modification that” there shall be substituted with the following modifications—

(i)the reference in section 278(1) (premises rendered fit) to the house in multiple occupation shall be construed as a reference to the part of the house in respect of which the closing order under subsection (4) is made;

(b)

; and

(c)

at the end there shall be added and

(i)section 279 (substitution of demolition orders) shall be omitted

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Amendments (Textual)

56(1)In section 369 (the management code for houses in multiple occupation) at the beginning of subsection (2) there shall be inserted “ Subject to subsection (2A) ” and after the words “all means of water supply and drainage in the house” there shall be inserted— “ all means of escape from fire and all apparatus, systems and other things provided by way of fire precautions; ”;and at the end of that subsection there shall be added the words “ and to ensure that all means of escape from fire are kept clear of obstructions ”.E+W

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

(2A)The person managing the house shall only be liable by virtue of the regulations under subsection (2) to ensure the repair, maintenance, cleansing and good order of any premises outside the house if and to the extent that he has power or is otherwise liable to ensure those matters in respect of any such premises.

(3)In subsection (3) of that section, paragraphs (b) and (f) and in paragraph (c) the words from “and in particular” onwards shall be omitted.

(4)In subsection (5) of that section the words “as applied under section 370 in relation to a house” shall be omitted.

57Sections 370 and 371 (application of the management code to a house by order of the local housing authority and appeals relating to such orders) shall cease to have effect; and in section 381(4) of that Act “370” shall be omitted.

58In section 372 (power of local housing authority to require execution of works to remedy neglect of management), in subsection (1)—

(a)the words from “to which” to “management code)” in the first place where they occur, and

(b)paragraph (b) and the word “or” immediately preceding it,

shall be omitted.

59In section 373 (appeal against notice under section 372), in subsection (2), after paragraph (c) there shall be inserted—

(cc)that the date specified for the beginning of the works is not reasonable.

60Section 374 (application of code etc. to buildings other than houses) shall cease to have effect.

61In section 375 (carrying out of works by local housing authority), for subsections (2) and (3) (compliance with notice and carrying out of works in default) there shall be substituted the following subsections—

(2)Compliance with a notice means beginning and completing the works specified in the notice—

(a)if no appeal is brought against the notice, not later than such date and within such period as is specified in the notice;

(b)if an appeal is brought against the notice and is not withdrawn, not later than such date and within such period as may be fixed by the court determining the appeal; and

(c)if an appeal brought against the notice is withdrawn, not later than the twenty-first day after the date of withdrawal of the appeal and within such period (beginning on that twenty-first day) as is specified in the notice.

(3)If, before the expiry of the period which under subsection (2) isappropriate for completion of the works specified in the notice, it appears to the local housing authority that reasonable progress is not being made towards compliance with the notice, the authority may themselves do the work required to be done by the notice.

(3A)Not less than seven days before a local housing authority enter any house for the purpose of doing any works by virtue of subsection (1) or subsection (3), they shall serve notice of their intention to do so on the person on whom the notice referred to in subsection (1) was served and, if they think fit, also on any other owner of the house.

(3B)If, after a local housing authority have served notice under subsection (3A), the works are in fact carried out (otherwise than by the authority), any administrative and other expenses incurred by the authority with a view to doing the work themselves in accordance with subsection (1) or subsection (3) shall be treated for the purposes of subsection (4) (and Schedule 10) as expenses incurred by them under this section in carrying out the works in a case where the notice referred to in subsection (1) has not been complied with.

62In section 376 (penalty for failure to execute works), in subsection (2) (further offence), for the words “that the period for compliance has expired” there shall be substituted “ the expiry of the period which under section 375(2) is appropriate for completion of the works in question ”.

F7363. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

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Amendments (Textual)

64In section 378 (provisions for protection of owners), in subsection (2) for paragraph (b) there shall be substituted—

(e)to which regulations under section 369 (the management code) apply.

65In section 379 (making of control order), in subsection (1) paragraph (c)except for the final “or” shall be omitted.

F7466. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

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Amendments (Textual)

67In section 395 (power of entry), at the end of subsection (3), there shall be added the words “ and shall, if so required, be produced for inspection by the occupier or anyone acting on his behalf ”.

68(1)In section 396 (penalty for obstruction), in subsection (1) after the words “offence” there shall be inserted “ intentionally ”.E+W+S

F75(2). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

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Amendments (Textual)

69In section 400 (index of defined expressions: Part XI), at the appropriate place in alphabetical order there shall be inserted the following entry—

flat in multiple occupationsection 345.

70(1)In Schedule 10 (recovery of expenses incurred by local housing authority),in paragraph 1 (introductory) for the words “in default of the person on whom the notice was served” there shall be substituted “ in a case where the notice has not been complied with ”.E+W

(2)In paragraph 2 of that Schedule (recovery of expenses), in sub-paragraph(1)—

(a)in paragraph (a) after the words “dwelling-house” there shall be inserted “ house in multiple occupation ”; and

(b)for paragraph (b) there shall be substituted—

(b)where the works were required by a notice under section 352 or 372 (notices relating to houses in multiple occupation), from the person having control of the house or the person managing the house, as the authority think fit;.

(3)Paragraph 5 of that Schedule (order for payment by instalments) shall cease to have effect and in paragraph 6 (appeals) after sub-paragraph (1A) there shall be inserted the following sub-paragraph—

(1B)Where the demand for recovery of expenses relates to works carried out by virtue of subsection (3) of section 375, it shall be a ground of appeal that, at the time the local housing authority served notice under subsection (3A)of that section, reasonable progress was being made towards compliance with the notice in question.

(4)After paragraph 6 of that Schedule there shall be inserted the following paragraph—

Expenses and interest recoverable from occupiersE+W

6A(1)Where a demand becomes operative by virtue of paragraph 3(3) or 6(3), the local housing authority may serve notice on any person—

(a)who occupies the premises concerned, or part of those premises, as the tenant or licensee of the person on whom the demand was served under paragraph 3(1), and

(b)who, by virtue of his tenancy or licence, pays rent or any sum in the nature of rent to the person on whom the demand was served,

stating the amount of expenses recoverable by the authority and requiring all future payments of rent or sums in the nature of rent, whether already accrued due or not, by such tenant or licensee to be made direct to the authority until the expenses recoverable by the authority, together with interest accrued due, have been duly paid.

(2)In the case of a demand which was served on any person as agent or trustee for another person (in this sub-paragraph referred to as “the principal or beneficiary”) sub-paragraph (1) shall have effect as if the reference in each of paragraphs (a) and (b) to the person on whom the demand was served were a reference to that person or the principal or beneficiary.

(3)Subject to sub-paragraph (4), where a notice is served under sub-paragraph (1) then, unless the authority by further notice served on the tenant or licensee otherwise direct, it shall operate to transfer to the authority the right to recover, receive and give a discharge for the rent or sums in the nature of rent.

(4)The right of the authority to recover, receive and give a discharge for any rent or sums in the nature of rent by virtue of this paragraph shall be postponed to any right in respect of that rent or those sums which may at anytime be vested in a superior landlord by virtue of a notice under section 6 of the Law of Distress Amendment Act 1908.

71In Schedule 13 (further provision relating to control orders under Part XI of that Act) in sub-paragraph (4) of paragraph 21—

(a)in paragraph (a) the word “366” shall be omitted;

(b)at the end of paragraph (a) there shall be inserted “ or ”;

(c)paragraph (c) and the word “or” immediately preceding it shall be omitted; and

(e)in the words following paragraph (c) the words “or order” shall be omitted.

Part IVE+W Amendments of Part XVII

72After section 578 (general enactments relating to compulsory purchase etc.apply subject to this Part) there shall be inserted the following section—

578A Modification of compulsory purchase order in case of acquisition of land for clearance.

(1)Subsection (2) applies where the local housing authority make a compulsory purchase order, within the meaning of the Acquisition of Land Act 1981, in respect of land they have determined to purchase under section 290 (acquisition of land comprised, surrounded by or adjoining a clearance area).

(2)Where this subsection applies, the Secretary of State may, in accordance with section 13 of the Acquisition of Land Act 1981 (confirmation of order),confirm the order with modifications notwithstanding that the effect of the modifications made by him in excluding any land or buildings from the clearance area concerned is to sever the area into two or more separate and distinct areas; and, in such a case, the severance shall not prevent those areas from continuing to be treated as one clearance area for the purposes of the provisions of Part IX.

73Sections 579 to 581 (special provision as regards acquisition of land for clearance, incorporation of enactments relating to mineral rights and acquisition of commons, open spaces etc.) shall cease to have effect.

74In section 582 (restriction on recovery of possession after making compulsory purchase order), in subsection (1), in paragraph (a) the words from “section 192” to “beyond repair) or” shall be omitted.

75After section 584 there shall be inserted the following sections—

584A Compensation payable in case of closing and demolition orders.

(1)Subject to subsection (3), where a closing order under section 264 or a demolition order under section 265 is made in respect of any premises, the local housing authority shall pay to every owner of the premises an amount determined in accordance with subsection (2).

(2)The amount referred to in subsection (1) is the diminution in the compulsory purchase value of the owner’s interest in the premises as a result of the making of the closing order or, as the case may be, the demolition order; and that amount—

(a)shall be determined as at the date of the making of the order in question;and

(b)shall be determined (in default of agreement) as if it were compensation payable in respect of the compulsory purchase of the interest in question and shall be dealt with accordingly.

(3)In any case where—

(a)a closing order has been made in respect of any premises, and

(b)by virtue of section 279 (closing orders: substitution of demolition order), the closing order is revoked and a demolition order is made in its place,

the amount payable to the owner under subsection (1) in connection with the demolition order shall be reduced by the amount (if any) paid to the owner or a previous owner under that subsection in connection with the closing order.

(4)For the purposes of this section—

  • compulsory purchase value”, in relation to an owner’s interest in premises, means the compensation which would be payable in respect of the compulsory purchase of that interest if it fell to be assessed in accordance with the Land Compensation Act 1961; and

  • premises” has the meaning assigned by section 322 (minor definitions for the purposes of Part IX).

584B Repayment on revocation of demolition or closing order.

(1)Where a payment in respect of any premises has been made by a local housing authority under section 584A(1) in connection with a demolition or closing order and—

(a)the demolition order is revoked under section 274 (revocation of demolition order to permit reconstruction of premises), or

(b)the closing order is determined under section 278 (determination of closing order on premises being rendered fit),

then, if at that time the person to whom the payment was made has the same interest in the premises as he had at the time the payment was made, he shall on demand repay to the authority the amount of the payment.

(2)In any case where—

(a)a payment in respect of any premises has been made by a local housing authority under section 584A(1) in connection with a closing order, and

(b)by virtue of section 278, the order is determined as respects part of the premises, and

(c)the person to whom the payment was made (in this section referred to as “the recipient”) had, at the time the payment was made, an owner’s interest in the part of the premises concerned (whether or not he had such an interest in the rest of the premises),

then, if at the time of the determination of the closing order the recipient has the same interest in the premises as he had at the time the payment was made, he shall on demand pay to the authority an amount determined in accordance with subsections (3), (4) and (5).

(3)The amount referred to in subsection (2) is which ever is the less of—

(a)the amount by which the value of the interest of the recipient in thepremises increases as a result of the determination of the closing order; and

(b)the amount paid to the recipient under section 584A(1) in respect of his interest in the premises;

and the amount referred to in paragraph (a) shall be determined as at the date of the determination of the closing order.

(4)For the purpose of assessing the amount referred to in subsection (3)(a), the rules set out in section 5 of the Land Compensation Act 1961 shall, so far as applicable and subject to any necessary modifications, have effect as they have effect for the purpose of assessing compensation for the compulsory acquisition of an interest in land.

(5)Any dispute as to the amount referred to in subsection (3)(a) shall be referred to and determined by the Lands Tribunal; and section 2 and subsections (1)(a) and (4) to (6) of section 4 of the Land Compensation Act 1961 shall, subject to any necessary modifications, apply for the purposes of this section as they apply for the purposes of that Act.

(6)In this section “premises” has the same meaning as in section 584A.

76Sections 585 to 595 (which concern site value compensation for unfit houses and related matters and certain other land compensation matters) shall cease to have effect.

77Section 598 (disregard of things done to obtain increased compensation) shall cease to have effect.

78In section 599 (application of compensation due to another local authority) the words from “section 192” to “beyond repair)” shall be omitted.

79(1)In section 600 (powers of entry), in subsection (1) for the words “24 hours”' there shall be substituted “ seven days ”'.E+W

(2)At the end of subsection (2) of that section there shall be added the words “ and shall, if so required, be produced for inspection by the occupier or anyone acting on his behalf ”.

80(1)In section 601 (penalty for obstruction), in subsection (1) after the word “offence” there shall be inserted “ intentionally ”.E+W

(2)In subsection (2) of that section for the words “level 2” there shall be substituted “ level 3 ”.

81In section 602 (minor definitions)—

(a)the definition of “house” shall be omitted; and

(b)in paragraph (b) of the definition of “owner” after the word “premises” there shall be inserted “ or part of the premises ”.

82For section 603 (index of defined expressions: Part XVII) there shall be substituted the following section—

603 Index of defined expressions: Part XVII.

The following Table shows provisions defining or otherwise explaining expressions used in this Part (other than provisions defining or otherwise explaining an expression used in the same section or paragraph):—

clearance areasection 289
closing ordersection 264
demolition ordersection 265
compulsory purchase valuesection 584A
lease and lesseesection 621
local housing authoritysection 1, 2(2).

Part VE+W Amendments of Part XVIII

83For section 604 there shall be substituted the following section—

604 Fitness for human habitation.

(1)Subject to subsection (2) below, a dwelling-house is fit for human habitation for the purposes of this Act unless, in the opinion of the local housing authority, it fails to meet one or more of the requirements in paragraphs (a) to (i) below and, by reason of that failure, is not reasonably suitable for occupation,—

(a)it is structurally stable;

(b)it is free from serious disrepair;

(c)it is free from dampness prejudicial to the health of the occupants (ifany);

(d)it has adequate provision for lighting, heating and ventilation;

(e)it has an adequate piped supply of wholesome water;

(f)there are satisfactory facilities in the dwelling-house for the preparation and cooking of food, including a sink with a satisfactory supply of hot and cold water;

(g)it has a suitably located water-closet for the exclusive use of the occupants (if any);

(h)it has, for the exclusive use of the occupants (if any), a suitably located fixed bath or shower and wash-hand basin each of which is provided with a satisfactory supply of hot and cold water; and

(i)it has an effective system for the draining of foul, waste and surface water;

and any reference to a dwelling-house being unfit for human habitation shall be construed accordingly.

(2)Whether or not a dwelling-house which is a flat satisfies the requirements in subsection (1), it is unfit for human habitation for the purposes of this Act if, in the opinion of the local housing authority, the building or a part of the building outside the flat fails to meet one or more of the requirements in paragraphs (a) to (e) below and, by reason of that failure, the flat is not reasonably suitable for occupation,—

(a)the building or part is structurally stable;

(b)it is free from serious disrepair;

(c)it is free from dampness;

(d)it has adequate provision for ventilation; and

(e)it has an effective system for the draining of foul, waste and surfacewater.

(3)Subsection (1) applies in relation to a house in multiple occupation with the substitution of a reference to the house for any reference to a dwelling-house.

(4)Subsection (2) applies in relation to a flat in multiple occupation with the substitution for any reference to a dwelling-house which is a flat of a reference to the flat in multiple occupation.

(5)The Secretary of State may by order amend the provisions of subsection (1) or subsection (2) in such manner and to such extent as he considers appropriate; and any such order—

(a)may contain such transitional and supplementary provisions as the Secretary of State considers expedient; and

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

84After that section there shall be inserted the following section—

604A Authority to consider guidance given by Secretary of State in deciding whether to take action under section 189, section 264, section 265 or section 289.

(1)In deciding for the purposes of sections 189, 264, 265 and 289 whether the most satisfactory course of action, in respect of any dwelling-house, house in multiple occupation or building, is, if applicable,—

(a)serving notice under subsection (1) of section 189; or

(b)serving notice under subsection (1A) of that section; or

(c)making a closing order under subsection (1) of section 264; or

(d)making a closing order under subsection (2) of that section with respect to the whole or a part of the building concerned; or

(e)making a demolition order under subsection (1) of section 265; or

(f)making a demolition order under subsection (2) of that section; or

(g)declaring the area in which the dwelling-house, house in multiple occupation or building is situated to be a clearance area in accordance with section 289;

the local housing authority shall have regard to such guidance as may from time to time be given by the Secretary of State.

(2)The Secretary of State may give guidance under subsection (1) to authorities generally or may give different guidance to different descriptions of authority or to authorities in different areas; and, without prejudice to the matters in respect of which the Secretary of State may give guidance, he may, in particular, give guidance in respect of financial and social considerations to be taken into account by authorities.

(3)Where the Secretary of State proposes to give guidance under subsection (1), or to revise guidance already given, he shall lay a draft of the proposed guidance or alterations before each House of Parliament and—

(a)he shall not give the guidance or revise the guidance until after the expiration of the period of forty days beginning with the day on which the draft is laid (or, if copies are laid before each House of Parliament on different days, with the later of those days); and

(b)if within that period either House resolves that the guidance or alterations be withdrawn he shall not proceed with the proposed alterations (but without prejudice to the laying of a further draft).

(4)In computing for the purposes of subsection (3) the period of forty days no account shall be taken of any time during which Parliament is dissolved or prorogued or during which both Houses are adjourned for more than four days.

85For section 605 there shall be substituted the following section—

605 Consideration by local housing authority of housing conditions in their district.

(1)The local housing authority shall at least once in each year consider the housing conditions in their district with a view to determining what action to take in performance of their functions under—

(a)Part VI (repair notices);

(b)Part IX (slum clearance);

(c)Part XI (houses in multiple occupation);

(d)Part VII of the Local Government and Housing Act 1989 (renewal areas); and

(e)Part VIII of that Act (grants towards cost of improvements and repairs etc.).

(2)For the purposes of carrying out their duty under subsection (1), the authority and their officers shall comply with any directions the Secretary of State may give and shall keep such records and supply him with such information as he may specify.

86In section 606 (reports on particular houses or areas), for the word “house”, in each place where it occurs, there shall be substituted “ dwelling-house or house in multiple occupation ”.

87In section 608 (acquisition of ancient monuments etc.), in paragraph (a) the words from “section 192” to “beyond repair) or” shall be omitted.

88In section 610 (power of court to authorise conversion of houses into flats), in subsection (1)—

(a)for the words “a house” there shall be substituted “ any premises ”;

(b)for the word “house”, in each subsequent place where it occurs, there shall be substituted “ premises ”; and

(c)in paragraph (a) for the words “is situated, it” there shall besubstituted “ are situated, they ” and for the words “tenement” and “tenements” there shall be substituted “ dwelling-house ” and “ dwelling-houses ” respectively.

89In section 612 (exclusion of Rent Act protection) for the word “house” there shall be substituted “ dwelling-house ”.

90(1)In section 623 (minor definitions: Part XVIII), for the definition of “house” there shall be substituted—E+W

dwelling-house” and “flat”, except in the expression “flat in multiple occupation”, shall be construed in accordance with subsection (2);

house in multiple occupation” and “flat in multiple occupation” have the same meaning as in Part XI;.

(2)At the end of that section there shall be inserted the following subsection—

(2)For the purposes of this Part, “dwelling-house” includes any yard, garden, outhouses and appurtenances belonging to it or usually enjoyed with it and section 183 shall have effect to determine whether a dwelling-house is a flat.

91In section 624 (index of defined expressions: Part XVIII)—

(a)the entry beginning “house” shall be omitted; and

(b)at the appropriate places in alphabetical order there shall be inserted the following entries—

dwelling-housesection 623
flatsection 623
flat in multiple occupationsection 623
house in multiple occupationsection 623

Section 186.

SCHEDULE 10E+W Security of Tenure on Ending of Long Residential Tenancies

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Modifications etc. (not altering text)

C12Sch. 10 excluded (1.11.1993) by 1993 c. 28, s. 59(2)(b)(i) (with ss. 94(2), 95); S.I. 1993/2134, arts. 2, 5(a)

PreliminaryE+W

1(1)This Schedule applies to a long tenancy of a dwelling-house at a low rent as respects which for the time being the following condition (in this Schedule referred to as “the qualifying condition”) is fulfilled, that is to say, that the circumstances (as respects the property let under the tenancy, the use of that property and all other relevant matters) are such that, if the tenancy were not at a low rent, it would at that time be an assured tenancy within the meaning of Part I of the M39Housing Act 1988.E+W

(2)For the purpose only of determining whether the qualifying condition is fulfilled with respect to a tenancy, Schedule 1 to the Housing Act 1988 (tenancies which cannot be assured tenancies) shall have effect with the omission of paragraph 1 (which excludes tenancies entered into before, or pursuant to contracts made before, the coming into force of Part I of that Act).

[F76(2A)For the purpose only of determining whether the qualifying condition is fulfilled with respect to a tenancy which is entered into on or after 1st April 1990 (otherwise than, where the dwelling-house has a rateable value on 31st March 1990, in pursuance of a contract made before 1st April 1990), for paragraph 2(1)(b) and (2) of Schedule 1 to the Housing Act M401988 there shall be substituted—

(b)where (on the date the contract for the grant of the tenancy was made or, if there was no such contract, on the date the tenancy was entered into) R exceeded £25,000 under the formula—

where—

  • P is the premium payable as a condition of the grant of the tenancy (and includes a payment of money’s worth) or, where no premium is so payable, zero,

  • I is 0.06,

  • T is the term, expressed in years, granted by the tenancy (disregarding any right to terminate the tenancy before the end of the term or to extend the tenancy)..]

(3)At any time within the period of twelve months ending on the day preceding the term date, application may be made to the court as respects any long tenancy of a dwelling-house at a low rent, not being at the time of the application a tenancy as respects which the qualifying condition is fulfilled, for an order declaring that the tenancy is not to be treated as a tenancy to which this Schedule applies.

(4)Where an application is made under sub-paragraph (3) above—

(a)the court, if satisfied that the tenancy is not likely immediately before the term date to be a tenancy to which this Schedule applies but not otherwise, shall make the order; and

(b)if the court makes the order, then, notwithstanding anything in sub-paragraph (1) above the tenancy shall not thereafter be treated as a tenancy to which this Schedule applies.

(5)A tenancy to which this Schedule applies is hereinafter referred to as a long residential tenancy.

(6)Anything authorised or required to be done under the following provisionsof this Schedule in relation to a long residential tenancy shall, if done before the term date in relation to a long tenancy of a dwelling-house at a low rent, not be treated as invalid by reason only that at the time at which it was done the qualifying condition was not fulfilled as respects the tenancy.

(7)In determining for the purposes of any provision of this Schedule whether the property let under a tenancy was let as a separate dwelling, the natureof the property at the time of the creation of the tenancy shall be deemed to have been the same as its nature at the time in relation to which the question arises, and the purpose for which it was let under the tenancy shall be deemed to have been the same as the purpose for which it is or was used at the last-mentioned time.

[F77(8)The Secretary of State may by order replace the number in the definition of “I” in sub-paragraph (2A) above and any amount referred to in that sub-paragraph and paragraph 2(4)(b) below by such number or amount as is specified in the order; and such an order 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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Amendments (Textual)

Marginal Citations

2(1)This paragraph has effect for the interpretation of certain expressions used in this Schedule.E+W

(2)Except where the context otherwise requires, expressions to which a meaning is assigned for the purposes of the 1988 Act or Part I of that Act have the same meaning in this Schedule.

(3)Long tenancy” means a tenancy granted for a term of years certain exceeding 21 years, whether or not subsequently extended by act of the parties or by any enactment, but excluding any tenancy which is, or may become, terminable before the end of the term by notice given to the tenant.

[F78(4)A tenancy is “at a low rent” if under the tenancy—

(a)no rent is payable,

(b)where the tenancy is entered into on or after 1st April 1990 (otherwise than, where the dwelling-house had a rateable value on 31st March 1990, in pursuance of a contract made before 1st April 1990), the maximum rent payable at any time is payable at a rate of—

(i)£1,000 or less a year if the dwelling-house is in Greater London and,

(ii)£250 or less a year if the dwelling-house is elsewhere, or,

(c)where the tenancy was entered into before 1st April 1990 or (where the dwelling-house had a rateable value on 31st March 1990) is entered into on or after 1st April 1990 in pursuance of a contract made before that date, and the maximum rent payable at any time under the tenancy is less than two-thirds of the rateable value of the dwelling-house on 31st March 1990.]

(5)[F79Paragraph 2(2)] of Schedule 1 to the 1988 Act applies to determine whether the rent under a tenancy falls within sub-paragraph (4) above and Part II of that Schedule applies to determine the rateable value of a dwelling-house for the purposes of that sub-paragraph.

(6)Long residential tenancy” and “qualifying condition” have the meaning assigned by paragraph 1 above and the following expressions shall be construed as follows—

  • the 1954 Act” means the M41Landlord and Tenant Act 1954;

  • the 1988 Act” means the M42Housing Act 1988;

  • assured periodic tenancy” shall be construed in accordance with paragraph 9(4) below;

  • the date of termination” has the meaning assigned by paragraph 4(4) below;

  • disputed terms” shall be construed in accordance with paragraph 11(1)(a) below;

  • election by the tenant to retain possession” shall be construed in accordance with paragraph 4(7) below;

  • former 1954 Act tenancy” means a tenancy to which, by virtue of section 186(3) of this Act, this Schedule applies on and after 15th January 1999;

  • the implied terms” shall be construed in accordance with paragraph 4(5)(a) below;

  • landlord” shall be construed in accordance with paragraph 19(1) below;

  • landlord’s notice” means a notice under sub-paragraph (1) of paragraph 4 below and such a notice is—

    (a)

    a “landlord’s notice proposing an assured tenancy” if it contains such proposals as are mentioned in sub-paragraph (5)(a) of that paragraph; and

    (b)

    a “landlord’s notice to resume possession” if it contains such proposals as are referred to in sub-paragraph (5)(b) of that paragraph;

  • specified date of termination”, in relation to a tenancy in respect of which a landlord’s notice is served, means the date specified in the notice as mentioned in paragraph 4(1)(a) below;

  • tenant’s notice” shall be construed in accordance with paragraph 10(1)(a) below;

  • term date”, in relation to a tenancy granted for a term of years certain, means the date of expiry of that term;

  • the terms of the tenancy specified in the landlord’s notice”shall be construed in accordance with paragraph 4(6) below; and

  • undisputed terms” shall be construed in accordance with paragraph 11(2) below.

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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.

Amendments (Textual)

F78Sch. 10 para. 2(4) substituted by S.I. 1990/434, reg. 2,Sch. para. 33

F79Words substituted by S.I. 1990/434, reg. 2, Sch. para. 34

Marginal Citations

Continuation of long residential tenanciesE+W

3(1)A tenancy which, immediately before the term date, is a long residential tenancy shall not come to an end on that date except by being terminated under the provisions of this Schedule, and, if not then so terminated, shall subject to those provisions continue until so terminated and, while continuing by virtue of this paragraph, shall be deemed to be a long residential tenancy (notwithstanding any change in circumstances).E+W

(2)Sub-paragraph (1) above does not apply in the case of a former 1954 Act tenancy the term date of which falls before 15th January 1999 but if, in the case of such a tenancy,—

(a)the tenancy is continuing immediately before that date by virtue of section 3 of the 1954 Act, and

(b)on that date the qualifying condition (as defined in paragraph 1(1) above) is fulfilled,

then, subject to the provisions of this Schedule, the tenancy shall continue until terminated under those provisions and, while continuing by virtue of this paragraph, shall be deemed to be a long residential tenancy (notwithstanding any change in circumstances).

(3)Where by virtue of this paragraph a tenancy continues after the term date, the tenancy shall continue at the same rent and in other respects on the same terms as before the term date.

Termination of tenancy by the landlordE+W

4(1)Subject to sub-paragraph (2) below and the provisions of this Schedule as to the annulment of notices in certain cases, the landlord may terminate along residential tenancy by a notice in the prescribed form served on the tenant—E+W

(a)specifying the date at which the tenancy is to come to an end, being either the term date or a later date; and

(b)so served not more than twelve nor less than six months before the date so specified.

(2)In any case where—

(a)a landlord’s notice has been served, and

(b)an application has been made to the court or a rent assessment committee under the following provisions of this Schedule other than paragraph 6, and

(c)apart from this paragraph, the effect of the notice would be to terminate the tenancy before the expiry of the period of three months beginning with the date on which the application is finally disposed of,

the effect of the notice shall be to terminate the tenancy at the expiry of the said period of three months and not at any other time.

(3)The reference in sub-paragraph (2)(c) above to the date on which the application is finally disposed of shall be construed as a reference to the earliest date by which the proceedings on the application (including any proceedings on or in consequence of an appeal) have been determined and any time for appealing or further appealing has expired, except that if the application is withdrawn or any appeal is abandoned the reference shall be construed as a reference to the date of withdrawal or abandonment.

(4)In this Schedule “the date of termination”, in relation to a tenancy in respect of which a landlord’s notice is served, means,—

(a)where the tenancy is continued as mentioned in sub-paragraph (2) above,the last day of the period of three months referred to in that sub-paragraph;and

(b)in any other case, the specified date of termination.

(5)A landlord’s notice shall not have effect unless—

(a)it proposes an assured monthly periodic tenancy of the dwelling-house anda rent for that tenancy (such that it would not be a tenancy at a low rent)and, subject to sub-paragraph (6) below, states that the other terms of the tenancy shall be the same as those of the long residential tenancy immediately before it is terminated (in this Schedule referred to as “the implied terms”); or

(b)it gives notice that, if the tenant is not willing to give up possessionat the date of termination of the property let under the tenancy, the landlord proposes to apply to the court, on one or more of the grounds specified inparagraph 5(1) below, for the possession of the property let under the tenancy and states the ground or grounds on which he proposes to apply.

(6)In the landlord’s notice proposing an assured tenancy the landlord may propose terms of the tenancy referred to in sub-paragraph (5)(a) above different from the implied terms; and any reference in the following provisions of this Schedule to the terms of the tenancy specified in the landlord’s notice is a reference to the implied terms or, if the implied terms are varied by virtue of this sub-paragraph, to the implied terms as so varied.

(7)A landlord’s notice shall invite the tenant, within the period of two months beginning on the date on which the notice was served, to notify the landlord in writing whether,—

(a)in the case of a landlord’s notice proposing an assured tenancy, the tenant wishes to remain in possession; and

(b)in the case of a landlord’s notice to resume possession, the tenant is willing to give up possession as mentioned in sub-paragraph (5)(b) above;

and references in this Schedule to an election by the tenant to retain possession are references to his notifying the landlord under this sub-paragraph that he wishes to remain in possession or, as the case may be, that he is not willing to give up possession.

5(1)Subject to the following provisions of this paragraph, the grounds mentioned in paragraph 4(5)(b) above are—E+W

(a)Ground 6 in, and those in Part II of, Schedule 2 to the 1988 Act, other than Ground 16;

(b)the ground that, for the purposes of redevelopment after the termination of the tenancy, the landlord proposes to demolish or reconstruct the whole or a substantial part of the premises; and

(c)the ground that the premises or part of them are reasonably required by the landlord for occupation as a residence for himself or any son or daughter of his over eighteen years of age or his or his spouse’s father or mother and, if the landlord is not the immediate landlord, that he will be at the specified date of termination.

(2)Ground 6 in Schedule 2 to the 1988 Act may not be specified in a landlord’s notice to resume possession if the tenancy is a former 1954 Act tenancy; and in the application of that Ground in accordance with sub-paragraph (1) above in any other case, paragraph (c) shall be omitted.

(3)In its application in accordance with sub-paragraph (1) above, Ground 10 in Schedule 2 to the 1988 Act shall have effect as if, in paragraph (b)—

(a)the words “except where subsection (1)(b) of section 8 of this Act applies” were omitted; and