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Local Government and Housing Act 1989

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This is the original version (as it was originally enacted).

166Amendments relating to defective housing

(1)Part XVI of the [1985 c. 68.] Housing Act 1985 (in this section referred to as “the 1985 Act”) and Part XIV of the [1987 c. 26.] Housing (Scotland) Act 1987 (in this section referred to as “the 1987 Act”) (assistance for owners of defective housing) shall each be amended in accordance with this section.

(2)In section 537 of the 1985 Act and section 265 of the 1987 Act (determination of form of assistance to which applicant is entitled) in subsection (1) after the word “determine” there shall be inserted “as soon as reasonably practicable”.

(3)In section 539 of the 1985 Act and section 267 of the 1987 Act (meaning of “work required for reinstatement” etc.) after subsection (1) there shall be inserted the following subsection—

(1A)In any case where—

(a)the most satisfactory way of dealing with the qualifying defect is substantially to demolish the building that consists of or includes the defective dwelling or a part of that building, and

(b)it is practicable to rebuild the building or part concerned on, or substantially on, its existing foundations and reconstruct the dwelling to the same, or substantially the same, plan,

the work required to carry out those operations shall be regarded for the purposes of this Part as work required to reinstate the defective dwelling.

(4)In section 561 of the 1985 Act and section 289 of the 1987 Act (Secretary of State’s control over designation, variation or revocation)—

(a)in subsection (2) after the word “before” there shall be inserted “the cut-off date or if it is later” and after the words “two months” there shall be inserted “or such longer period as the Secretary of State may direct for the purposes of this subsection under subsection (2A) below”;

(b)after that subsection there shall be inserted the subsection specified in subsection (5) below; and

(c)in subsection (3) for the words “within that period” there shall be substituted “before the cut-off date or, if it is later, the expiry of the period for the time being specified in or for the purposes of subsection (2) above”.

(5)The subsection referred to in subsection (4)(b) above is as follows—

(2A)If, within the period for the time being specified in or (by virtue of the previous operation of this subsection) for the purposes of subsection (2) above, the Secretary of State is satisfied that he does not have reasonably sufficient information to enable him to come to a decision with respect to the resolution concerned, he may direct for the purposes of that subsection that it shall have effect as if for the period so specified there were substituted such longer period as is specified in the direction.

(6)In section 567 of the 1985 Act (modifications of Part XVI in relation to shared ownership leases) for subsections (1) to (3) there shall be substituted the following subsections—

(1)If it appears to a local housing authority that the interest of a person eligible for assistance in respect of a defective dwelling in their area is—

(a)a shared ownership lease, or

(b)the freehold acquired under the terms of a shared ownership lease,

the authority shall prepare and submit to the Secretary of State a scheme providing for the provisions of this Part to have effect, in their application to such a case, subject to such modifications as may be specified in the scheme.

(2)A scheme under subsection (1) above shall not have effect unless approved by the Secretary of State; and any such approval may be made conditional upon compliance with requirements specified by him.

(7)Any power of the Secretary of State to make regulations under subsection (4) of section 567 of the 1985 Act shall cease to have effect; and in paragraph (d) of that subsection after the word “class” there shall be inserted “or description”.

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