Local Government and Housing Act 1989

127 Group repair schemes and persons eligible to participate

(1) In accordance with a scheme under this section prepared by a local housing authority and approved by the Secretary of State, the authority may, with the consent of the persons participating in the scheme, enter into agreements to secure the carrying out of such external works to qualifying buildings to which the scheme relates as will ensure that, on completion of the works, the exterior of those buildings will be in reasonable repair; and in this Part such a scheme is referred to as a “group repair scheme”.

(2) The approval of the Secretary of State under subsection (1) above may be given either to a specific scheme or generally to schemes which fulfil such criteria as he may from time to time specify; and any such approval may be made conditional upon compliance with requirements specified by him.

(3) Every person who, at the date of the approval of the scheme, has an owner’s interest in a dwelling or other premises comprised in a building to which a group repair scheme relates and who fulfils the conditions in subsection (5) below is eligible to participate in the scheme as an assisted participant unless that person is—

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

(b) a development corporation or the Commission for the New Towns;

(c) the Development Board for Rural Wales;

(d) a housing action trust; or

(e) a registered housing association, within the meaning of the [1985 c. 69.] Housing Associations Act 1985.

(4) Any of the bodies specified in paragraphs (a) to (e) of subsection (3) above which has an owner’s interest in a dwelling or other premises comprised in a building to which a group repair scheme relates is eligible to participate in the scheme as an unassisted participant.

(5) The conditions referred to in subsection (3) above are—

(a) that, as respects the dwelling or other premises in which he has an owner’s interest, the person concerned either is able to give possession of any part of the building to which external works are proposed to be carried out or has the consent of the occupier of that part to the carrying out of those works; and

(b) that, if the owner’s interest which he has is an interest in a dwelling and this paragraph is not excluded by subsection (6) below, he gives a certificate of future occupation which falls within subsection (2) or subsection (4) of section 106 above; and

(c) that, if the owner’s interest which the person concerned has is an interest in a house in multiple occupation and that person is not a charity or the trustee of a charity, he gives a certificate under section 106(7) above.

(6) Paragraph (b) of subsection (5) above does not apply if—

(a) the person concerned is a charity or the trustee of a charity; or

(b) the dwelling is the residence house of an ecclesiastical benefice.

(7) If the Secretary of State so directs in the case of any scheme or any description of scheme, such of the provisions of this section and sections 128 to 130 below as are specified in the direction shall not apply in relation to that scheme or, as the case may be, in relation to a scheme of that description.

(8) Section 99 above applies to the power to give directions under subsection (7) above as it applies to a power to give directions under Part VII of this Act.