PART XVI

ASSISTANCE FOR OWNERS OF DEFECTIVE HOUSING

Eligibility for assistance

Designation of defective dwellings by Secretary of State.
528
1
The Secretary of State may designate as a class buildings each of which consists of or includes one or more dwellings if it appears to him that—
a
buildings in the proposed class are defective by reason of their design or construction, and
b
by virtue of the circumstances mentioned in paragraph (a) having become generally known, the value of some or all of the dwellings concerned has been substantially reduced.
2
A dwelling which is, or is included in, a building in a class so designated is referred to in this Part as a “defective dwelling”; and in this Part, in relation to such a dwelling—
a
“the qualifying defect” means what, in the opinion of the Secretary of State, is wrong with the buildings in that class, and
b
“the cut-off date” means the date by which, in the opinion of the Secretary of State, the circumstances mentioned in subsection (1)(a) became generally known.
3
A designation shall describe the qualifying defect and specify—
a
the cut-off date,
b
the date (being a date falling on or after the cut-off date) on which the designation is to come into operation, and
c
the period within which persons may seek assistance under this Part in respect of the defective dwellings concerned.
4
A designation may make different provision in relation to England and Wales; subject to that, a designated class shall not be described by reference to the area in which the buildings concerned are situated.
5
Notice of a designation shall be published in the London Gazette.
6
Any question arising as to whether a building is or was at any time in a class designated under this section shall be determined by the Secretary of State.
Pt. XVI (Ss. 527–577) amended by Local Government Act 1985 (c. 51, SIF 81:1), s. 57(7), Sch. 13 paras. 22 and 23 as substituted by Housing (Consequential Provisions) Act 1985 (c. 71, SIF 61), s. 4, Sch. 2 para. 61
Pt. XVI (Ss. 527–577) modified by S.I. 1986/797, regs. 2, 3–18
Pt. XVI (Ss. 527–577): power to apply certain functions conferred by Housing Act 1988 (c. 50, SIF 61), s. 65(2)(a)(4)
Pt. XVI (ss. 527-577) extended (5.7.1994) by 1994 c. 19, ss. 39, 66(2)(b), Sch. 13 para. 21(e) (with ss. 54(5)(7), 55(5))
Pt. XVI (ss. 527-577) modified (1.4.1995) by S.I. 1995/401, art. 18, Sch. para. 8(d)