Leasehold Reform, Housing and Urban Development Act 1993

Changes to legislation:

There are outstanding changes not yet made by the legislation.gov.uk editorial team to Leasehold Reform, Housing and Urban Development Act 1993. Any changes that have already been made by the team appear in the content and are referenced with annotations.

Changes to Legislation

Revised legislation carried on this site may not be fully up to date. Changes and effects are recorded by our editorial team in lists which can be found in the ‘Changes to Legislation’ area. Where those effects have yet to be applied to the text of the legislation by the editorial team they are also listed alongside the legislation in the affected provisions. Use the ‘more’ link to open the changes and effects relevant to the provision you are viewing.

Changes and effects yet to be applied to Section 136:

Changes and effects

This section lists the changes and effects yet to be applied to the specific provision you are viewing.

s. 136(3) text amended by S.I. 2004/533 art. 5(a)
s. 136(7)(8)(9) repealed by S.I. 2004/533 art. 5(b)
s. 136(12) text amended by S.I. 2004/533 art. 5(c)
s. 136(14)(15) substituted for s. 136(14) by 2008 c. 17 Sch. 14 para. 3(3)

Changes and effects yet to be applied to the whole Act, associated Parts and Chapters:

Changes and effects

This section lists the changes and effects yet to be applied to the whole Act, associated Parts and Chapters where applicable. This includes any insertions of whole new Parts, Chapters or provisions yet to be inserted into this Act. These effects are included in this view as they may be (but won’t necessarily be) relevant to the specific provision that you are viewing.

Whole provisions yet to be inserted into this Act (including any effects on those provisions):

s. 12A by 2002 c. 15 s. 123(1)
s. 12A(3)(a)(b) words substituted by S.I. 2009/1941 Sch. 1 para. 140(5)
s. 12A(4)(a)(c) words substituted by S.I. 2009/1941 Sch. 1 para. 140(5)

Commencement Orders yet to be applied to the Leasehold Reform, Housing and Urban Development Act 1993:

Commencement Orders

This section lists the commencement orders yet to be applied to the whole Act. These effects are included in this view as they may be (but won’t necessarily be) relevant to the specific provision that you are viewing. Where applicable the commencement orders are listed under two headings, firstly those that bring some part of the Act you are viewing into force and secondly, those that bring into force legislation that affects some part of the legislation you are viewing. If you are viewing a prospective version or there is a prospective version available there may be commencement orders listed here that are relevant to the provision you are viewing.

Commencement Orders bringing legislation that affects this Act into force:

S.I. 2003/1725 art. 2 commences (2002 c. 9)
S.I. 2003/1900 art. 2 commences (2003 c. 21)
S.I. 2003/1986 art. 2 3 commences (2002 c. 15)
S.I. 2003/3142 art. 2-4 commences (2002 c. 11 and 2003 c. 21)
S.I. 2004/144 art. 2 Sch. commences (1994 c. 21)
S.I. 2004/669 art. 2 commences (2002 c. 15)
S.I. 2004/2202 art. 2 3 commences (2004 c. 5)
S.I. 2004/2593 art. 2 commences (2004 c. 5)
S.I. 2004/3056 art. 2 3 commences (2002 c. 15)
S.I. 2005/193 art. 2 amendment to earlier commencing SI 2004/3056
S.I. 2005/1353 art. 2 commences (2002 c. 15)
S.I. 2005/3175 art. 2 3 commences (2004 c. 33)
S.I. 2006/3428 art. 2-4 7 commences (2006 c. 46)
S.I. 2007/1897 art. 2 commences (2005 c. 9)
S.I. 2007/2709 art. 2-6 commences (2007 c. 15)
S.I. 2008/2358 art. 2 3 commences (2008 c. 17)
S.I. 2008/2860 art. 3 4 Sch. 1 commences (2006 c. 46)
S.I. 2008/3068 art. 2-5 commences (2008 c. 17)
S.I. 2009/803 art. 2-10 commences (2008 c. 17)
S.S.I. 2009/122 art. 3 commences (2006 asp 1)
2006 No. 2 Instrument made by Archbishops commences (2006 No. 1)

136 Levy on disposals.E+W

(1)For the purposes of this section a disposal of one or more dwelling-houses by a local authority to any person is a qualifying disposal if—

(a)it requires the consent of the Secretary of State under section 32 of the 1985 Act (power to dispose of land held for the purposes of Part II), or section 43 of that Act (consent required for certain disposals not within section 32); and

(b)the aggregate of the following, namely—

(i)the number of dwelling-houses included in the disposal; and

(ii)the number of dwelling-houses which, within any relevant period, have been previously or are subsequently disposed of by the authority to that person, or that person and any associates of his taken together,

exceeds 499 or, if the Secretary of State by order so provides, such other number as may be specified in the order.

(2)In subsection (1) “relevant period” means—

(a)any period of five years beginning after the commencement of this section and including the date of the disposal; or

(b)if the Secretary of State by order so provides, any such other period beginning after that commencement and including that date as may be specified in the order.

(3)A local authority which after the commencement of this section makes a disposal which is or includes, or which subsequently becomes or includes, a qualifying disposal shall be liable to pay to the Secretary of State a levy of an amount calculated in accordance with the formula—

where—

L = the amount of the levy;

CR = the aggregate of—

(i) any sums received by the authority in respect of the disposal which are, by virtue of section 58 of the 1989 Act (capital receipts), capital receipts for the purposes of Part IV of that Act and do not fall within a description determined by the Secretary of State; and

(ii) where paragraph (a) or (c) of subsection (1) of section 61 of that Act (capital receipts not wholly in money paid to the authority) applies in relation to the disposal, any notional capital receipts determined in accordance with subsections (2) and (3) of that section;

D = such amount as may be calculated in accordance with such formula as the Secretary of State may determine;

P = 20 per cent. or, if the Secretary of State by order so provides, such other percentage as may be specified in the order.

(4)A formula determined for the purposes of item D in subsection (3) may include any variable which is included in a determination made for the purposes of section 80 of the 1989 Act (calculation of Housing Revenue Account subsidy).

[F1(4A)The power of the Secretary of State to determine a formula for the purposes of item D in subsection (3) shall include power to determine that, in such cases as he may determine, item D is to be taken to be equal to item CR.]

(5)The administrative arrangements for the payment of any levy under this section shall be such as may be specified in a determination made by the Secretary of State, and such a determination may in particular make provision as to—

(a)the information to be supplied by authorities;

(b)the form and manner in which, and the time within which, the information is to be supplied;

(c)the payment of the levy in stages in such circumstances as may be provided in the determination;

(d)the date on which payment of the levy (or any stage payment of the levy) is to be made;

(e)the adjustment of any levy which has been paid in such circumstances as may be provided in the determination;

(f)the payment of interest in such circumstances as may be provided in the determination; and

(g)the rate or rates (whether fixed or variable, and whether or not calculated by reference to some other rate) at which such interest is to be payable;

and any such administrative arrangements shall be binding on local authorities.

(6)Any amounts by way of levy or interest which are not paid to the Secretary of State as required by the arrangements mentioned in subsection (5) shall be recoverable in a court of competent jurisdiction.

(7)For the purposes of Part IV of the 1989 Act (revenue accounts and capital finance of local authorities) any payment of levy by a local authority under this section shall be treated as expenditure for capital purposes.

(8)Notwithstanding the provisions of section 64 of the 1989 Act (use of amounts set aside to meet credit liabilities) but subject to subsection (9), amounts for the time being set aside by a local authority (whether voluntarily or pursuant to a requirement under Part IV of that Act) as provision to meet credit liabilities may be applied to meet any liability of the authority in respect of any levy payable under this section, other than a liability in respect of interest.

(9)The Secretary of State may by regulations provide that the amounts which may by virtue of subsection (8) be applied as mentioned in that subsection shall not exceed so much of the levy concerned as may be determined in accordance with the regulations.

(10)Any sums received by the Secretary of State under this section shall be paid into the Consolidated Fund; and any sums paid by the Secretary of State by way of adjustment of levies paid under this section shall be paid out of money provided by Parliament.

(11)Before making an order or determination under this section, the Secretary of State shall consult such representatives of local government as appear to him to be appropriate.

(12)An order or regulations under this section—

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

(b)may make different provision for different cases or descriptions of case, or for different authorities or descriptions of authority; and

(c)may contain such transitional and supplementary provisions as the Secretary of State considers necessary or expedient.

(13)Any determination under this section—

(a)may make different provision for different cases or descriptions of case, or for different authorities or descriptions of authority; and

(b)may be varied or revoked by a subsequent determination.

(14)Subsections (13) and (14) of section 135 shall apply for the purposes of this section as they apply for the purposes of that section.

Annotations:

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)

F1S. 136(4A) inserted (retrospectively) by 1997 c. 16, s.109

Modifications etc. (not altering text)

C1S. 136 amended (28.11.1994) by S.I. 1994/2825, reg. 53