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Housing Grants, Construction and Regeneration Act 1996

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Supplementary provisionsE+W

56 Provisions relating to death of applicant.E+W

(1)References in this Chapter to the applicant, in relation to a grant or an application for a grant, shall be construed in relation to any time after his death as a reference to his personal representatives.

(2)Where the applicant dies after liability has been incurred for any preliminary or ancillary services or charges, the local housing authority may, if they think fit, pay grant in respect of some or all of those matters.

(3)Where the applicant dies after the relevant works have been begun and before the certified date, the local housing authority may, if they think fit, pay grant in respect of some or all of the works already carried out and other relevant works covered by the application.

(4)Nothing in this section shall be construed as preventing the provisions as to grant conditions applying in relation to any payment of grant under subsection (2) or (3).

57 Power of local housing authority to carry out works which would attract grant.E+W

(1)A local housing authority may by agreement with a person having the requisite interest execute at his expense—

(a)any works towards the cost of which a grant under this Chapter is payable or might be paid on an application duly made and approved, and

(b)any further works which it is in their opinion necessary or desirable to execute together with the works mentioned in paragraph (a).

[F1(2)In subsection (1), the reference to a person having the requisite interest is a reference to—

(a)in the case of a qualifying houseboat or [F2caravan], the person who is—

(i)entitled to possession of the premises at which the qualifying houseboat is moored or the [F3land] on which the [F2caravan] is stationed, or

(ii)entitled to dispose of the qualifying houseboat or [F2caravan], or

(b)in any other case, the person who has an owner’s interest.]

(3)F4. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

58 Minor definitions: Chapter I.E+W

In this Chapter—

  • [F5“caravan”—

    (a)

    means a caravan within the meaning of Part 1 of the Caravan Sites and Control of Development Act 1960 (disregarding the amendment made by section 13(2) of the Caravan Sites Act 1968); and

    (b)

    includes any yard, garden, outhouses and appurtenances belonging to it or usually enjoyed with it;]

  • common parts”, in relation to a building, includes the structure and exterior of the building and common facilities provided, whether in the building or elsewhere, for persons who include the occupiers of one or more flats in the building;

  • common parts application”, in relation to an application for a F6. . . grant, means an application in respect of works to the common parts of a building containing one or more flats;

  • F7. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

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

  • [F8“premises” includes a qualifying houseboat or a [F9caravan];]

  • [F10“qualifying houseboat” means a boat or similar structure designed or adapted for use as a place of permanent habitation which—

    (a)

    has its only or main mooring within the area of a single local housing authority;

    (b)

    is moored in pursuance of a right to that mooring; and

    (c)

    is a dwelling for the purposes of Part 1 of the Local Government Finance Act 1992 (council tax),

    and includes any yard, garden, outhouses and appurtenances belonging to it or usually enjoyed with it;]

  • F11...

Textual Amendments

F5Words in s. 58 inserted (18.1.2005) by Housing Act 2004 (c. 34), ss. 224(7)(a), 270(3)(a) (with s. 224(9))

F6In s. 58 in definition of "common parts application" words repealed (19.7.2003) by The Regulatory Reform (Housing Assistance) (England and Wales) Order 2002 (S.I. 2002/1860), arts. 1(3), 11(1), 15, Sch. 3 para. 25(a), Sch. 6 (with art. 11(2))

F9Word in s. 58 substituted (18.1.2005) by Housing Act 2004 (c. 34), ss. 224(7)(b), 270(3)(a) (with s. 224(9))

F11Words in s. 58 repealed (18.1.2005) by Housing Act 2004 (c. 34), ss. 224(7)(c), 270(3)(a), Sch. 16 (with s. 224(9))

59.E+W

In this Chapter the expressions listed below are defined by or otherwise fall to be construed in accordance with the provisions indicated—

F12. . . F12. . .
F12. . . F12. . .
[F13caravan section 58]
certified datesection 44(3)(b)
common partssection 58
common parts application (in relation to a F14. . . grant)section 58
[F15development corporation section 101]
F12. . . F12. . .
F12. . . F12. . .
F12. . . F12. . .
F12. . . F12. . .
disabled occupantsection 20
disabled personsection 100(1) to (3)
dwellingsection 101
F12. . . F12. . .
eligible workssection 34(2)(a)
estimated expensesection 34(2)
F12. . . F12. . .
F16. . .F16. . .
flatsection 58
grant F17. . . section 1(6)
grant conditionsection 44(1)
grant condition periodsection 44(3)(a)
F12. . . F12. . .
F12. . . F12. . .
housing action trustsection 101
F12. . . F12. . .
introductory tenantsection 101
F12. . .
F12. . . F12. . .
F12. . . F12. . .
local authoritysection 101
local housing authoritysection 101
F12. . . F12. . .
member of familysection 98(1)
F18. . .F18. . .
[F19occupier’s applicationsection 19(1) and (2)]
F12. . . F12. . .
ownersections 99 and 101
F12. . . F12. . .
owner’s application
F20. . . F20. . .
 –in relation to a F20. . . grantsection 19(1) and (2)
owner’s certificate (in relation to an application for a F21. . . grant)section 21(2)
owner’s interestsection 101
F12. . . F12. . .
F12. . . F12. . .
preliminary or ancillary services and chargessection 2(3)
[F22premisessection 58]
prescribedsection 101
[F23qualifying houseboatsection 58]
qualifying owner’s interest
F24. . . F24. . .
 –in relation to an application for a F24. . . grantsection 19(4)
F24. . . F24. . .
F25. . .F25. . .
qualifying tenant
F26. . . F26. . .
 –in relation to an application for a F26. . . grantsection 19(4)
F12. . . F12. . .
F12. . . F12. . .
F12. . . F12. . .
relevant works (in relation to a grant application)section 2(2)(a)
F12. . . F12. . .
F12. . . F12. . .
F27. . . secure tenantsection 101
social services authoritysection 100(4)
F28. . . statutory tenantsection 101
tenancy and tenant (generally)section 101
tenant (and expressions relating to tenancies)
F29. . . F29. . .
F29. . . F29. . .
F29. . . F29. . .
 –in the context of an application for F29. . . grantsection 19(5)
tenant’s application
F30. . . F30. . .
 –in relation to a F30. . . grantsection 19(1) and (2)
F12. . . F12. . .
tenant’s certificate
F31. . . F31. . .
 –for the purposes of an application for a F31. . . grantsection 22(2)
urban development corporationsection 101

Textual Amendments

F13Words in s. 59 inserted (18.1.2005) by Housing Act 2004 (c. 34), ss. 224(8)(a), 270(3)(a) (with s. 224(9))

F14S. 59: words in entry relating to "common parts application" repealed (19.7.2003) by The Regulatory Reform (Housing Assistance) (England and Wales) Order 2002 (S.I. 2002/1860), arts. 1(3), 11(1), 15, Sch. 3 para. 26(b), Sch. 6 (with art. 11(2))

F16Words in s. 59 repealed (6.4.2006 for E., 16.6.2006 for W.) by Housing Act 2004 (c. 34), s. 270(4)(5)(f), Sch. 16; S.I. 2006/1060, art. 2(1)(e) (with Sch.); S.I. 2006/1535, art. 2(b)(c) (with Sch.)

F18Words in s. 59 omitted (1.12.2008) by virtue of The Housing and Regeneration Act 2008 (Consequential Provisions) Order 2008 (S.I. 2008/3002), art. 1(2), Sch. 1 para. 49(b) (with Sch. 2) (see S.I. 2008/3068, art. 2(1)(b))

F20S. 59: words in entry relating to "owner's application" repealed (19.7.2003) by The Regulatory Reform (Housing Assistance) (England and Wales) Order 2002 (S.I. 2002/1860), arts. 1(3), 11(1), 15, Sch. 3 para. 26(d), Sch. 6 (with art. 11(2))

F21S. 59: words in entry relating to "owner's certificate" repealed (19.7.2003) by The Regulatory Reform (Housing Assistance) (England and Wales) Order 2002 (S.I. 2002/1860), arts. 1(3), 11(1), 15, Sch. 3 para. 26(e), Sch. 6 (with art. 11(2))

F24S. 59: words in entry relating to "qualifying owner's interest" repealed (19.7.2003) by The Regulatory Reform (Housing Assistance) (England and Wales) Order 2002 (S.I. 2002/1860), arts. 1(3), 11(1), 15, Sch. 3 para. 26(f), Sch. 6 (with art. 11(2))

F25Words in s. 59 repealed (18.1.2005) by Housing Act 2004 (c. 34), ss. 224(8)(b), 270(3)(a), Sch. 16 (with s. 224(9))

F26S. 59: words in entry relating to "qualifying tenant" repealed (19.7.2003) by The Regulatory Reform (Housing Assistance) (England and Wales) Order 2002 (S.I. 2002/1860), arts. 1(3), 11(1), 15, Sch. 3 para. 26(g), Sch. 6 (with art. 11(2))

F27S. 59: words in entry relating to "secure tenancy and secure tenant" repealed (19.7.2003) by The Regulatory Reform (Housing Assistance) (England and Wales) Order 2002 (S.I. 2002/1860), arts. 1(3), 11(1), 15, Sch. 3 para. 26(h), Sch. 6 (with art. 11(2))

F28S. 59: words in entry relating to "statutory tenancy and statutory tenant" repealed (19.7.2003) by The Regulatory Reform (Housing Assistance) (England and Wales) Order 2002 (S.I. 2002/1860), arts. 1(3), 11(1), 15, Sch. 3 para. 26(i), Sch. 6 (with art. 11(2))

F29S. 59: words in entry relating to "tenant (and expressions relating to tenancies)" repealed (19.7.2003) by The Regulatory Reform (Housing Assistance) (England and Wales) Order 2002 (S.I. 2002/1860), arts. 1(3), 11(1), 15, Sch. 3 para. 26(j), Sch. 6 (with art. 11(2))

F30S. 59: words in entry relating to "tenant's application" repealed (19.7.2003) by The Regulatory Reform (Housing Assistance) (England and Wales) Order 2002 (S.I. 2002/1860), arts. 1(3), 11(1), 15, Sch. 3 para. 26(k), Sch. 6 (with art. 11(2))

F31S. 59: words in entry relating to "tenant's certificate" repealed (19.7.2003) by The Regulatory Reform (Housing Assistance) (England and Wales) Order 2002 (S.I. 2002/1860), arts. 1(3), 11(1), 15, Sch. 3 para. 26(l), Sch. 6 (with art. 11(2))

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