Office of Public Sector Information
PART IX continued
(1) In section 61(10) of the [1987 c. 26.] Housing (Scotland) Act 1987 (definition of occupation of house for purposes of purchase by secure tenant)—
(a) in paragraph (a)(v) (occupation by member of tenant’s family succeeding to tenancy may be treated, at discretion of landlord, as occupation for purposes of right to buy) the words “in the discretion of the landlord” shall be omitted; and
(b) in paragraph (b) (rules for determining period of occupation) there shall be added at the end— “and
(iii) there shall be added to the period of occupation of a house by a joint tenant any earlier period during which he was at least 16 years of age and occupied the house as a member of the family of the tenant or of one or more of the joint tenants of the house.”.
(2) This section does not apply in any case where the application to purchase the house under section 63(2) of that Act has been served before the coming into force of this section.
In section 69 of the Housing (Scotland) Act 1987 (Secretary of State’s power to authorise refusal to sell certain houses provided for persons of pensionable age) after subsection (1) there shall be inserted the following subsection—
“(1A) This section applies only to houses first let on a secure tenancy before 1st January 1990.”
(1) In section 76 of the Housing (Scotland) Act 1987 (duty of landlords to provide information to secure tenants)—
(a) in subsection (1)(a)—
(i) for the word “not” there shall be substituted the word “neither”; and
(ii) after the word “house” there shall be inserted the words “nor holds the interest of the landlord under a registered lease of the house or of land which includes it”;
(b) in subsection (2) for the words “heritable proprietor of the house” there shall be substituted the words “either the heritable proprietor of the house or the holder of the interest of the landlord under a registered lease of the house or of land which includes it”; and
(c) in subsection (3)(b) at the end there shall be inserted the words “or a local authority is the holder of the interest of the landlord under a registered lease of the house or of land which includes it.”
(2) After section 84 of that Act there shall be inserted the following section—
(1) Sections 61 to 84 (but not 76 or 77) and 216 (the “right to buy” provisions) shall, with the modifications set out in this section, apply so as to provide for—
(a) the acquisition by the tenant of a house let on a secure tenancy of the landlord’s interest in the house as lessee under a registered lease of the house or of land which includes it or as assignee of that interest; and
(b) the obtaining of a loan by the tenant in that connection,
as these sections apply for the purposes of the purchase of a house by the tenant from the landlord as heritable proprietor of it and the obtaining by the tenant of a loan in that connection.
(2) References in the right to buy provisions to the purchase or sale of a house shall be construed respectively as references to the acquisition or disposal of the landlord’s interest in the house by way of a registered assignation of that interest and cognate expressions shall be construed accordingly.
(3) The reference in section 61(2)(b) to the landlord’s being the heritable proprietor of the house shall be construed as a reference to the landlord’s being the holder of the interest of the lessee under a registered lease of the house or of land which includes it.
(4) References in the right to buy provisions to the market value of or price to be paid for a house shall be construed respectively as references to the market value of the landlord’s interest in the house and to the price to be paid for acquiring that interest.
(5) References in section 64(1) to the tenant’s enjoyment and use of a house as owner shall be construed as references to his enjoyment and use of it as assignee of the landlord’s interest in the house.
(6) The reference in subsection (4) of section 64 to an option being offered to the landlord or to any other person to purchase the house in advance of its sale to a third party shall be construed as a reference to an option being offered to have the interest acquired by the tenant re-assigned to the landlord or assigned to the other person in advance of its being disposed of to a third party; and the references in subsection (5) and (9) of that section to an option to purchase shall be construed accordingly.
(7) In this section and section 76—
“registered lease” means a lease—
which is recorded in the general register of sasines; or
in respect of which the interest of the lessee is registered in the Land Register of Scotland
under the Registration of Leases (Scotland) Act 1857; and
“registered assignation” means, in relation to such a lease, an assignation thereof which is so recorded or in respect of which the interest of the assignee has been so registered.”
(1) In section 2 of the [1988 c. 43.] Housing (Scotland) Act 1988 (which, amongst other things, enables Scottish Homes to dispose of land)—
(a) in subsection (2) (powers of Scottish Homes), after “(3)” there shall be inserted “and (3A)”;
(b) in subsection (3)(b)—
(i) after “above” there shall be inserted the words “, other than the power under paragraph (h) to dispose of land,”; and
(ii) for the word “with” where secondly occurring there shall be substituted the words “between it and”;
(c) after subsection (3) there shall be inserted the following subsection—
“(3A) The power conferred by subsection (2)(h) above upon Scottish Homes to dispose of land may be exercised only with the consent of the Secretary of State (which consent may be given in relation to particular cases or classes of case and may be made subject to conditions).”; and
(d) subsection (6) (certain land not to be disposed of, without consent, for less than best price) shall be omitted.
The amendments of section 47 of the [1976 c. 74.] Race Relations Act 1976 (codes of practice) made by subsections (2) and (3) of section 137 of the [1988 c. 50.] Housing Act 1988 (codes of practice in the field of rented housing) shall be varied as follows—
(a) in subsection (1)(c) of the said section 47 the words following “field of housing” shall be omitted; and
(b) the word “rented”, where it occurs in subsections (1)(d) and (3A) of that section, shall be omitted.
In section 76 of the [1987 c. 26.] Housing (Scotland) Act 1987 (duty of landlords to provide information to secure tenants) there shall be added at the end the following subsections—
“(4) Where—
(a) by way of any enactment (including an enactment made under this Act), any change is to be made in the law relating to the calculation of the price at which the tenant of a house is entitled under this Act to purchase it, being a change which does not come into force upon the passing or making of that enactment but which, when it does come into force will affect the price of the house, and
(b) the house is one in respect of which an application to purchase has, in the period ending with the coming into force of the change, been served under section 63(1) and not withdrawn but no contract of sale of the house has been constituted under section 66(2),
the landlord shall, upon the passing or making of that enactment or, if later, upon the service of the application to purchase, forthwith give written notice to the tenant stating the nature of the change and how it will affect the price and suggesting that the tenant should seek appropriate advice.
(5) For the purposes of subsection (4), a change in the law will affect the price of a house if, on the day it falls to be calculated under the law as changed, the price will be different from what it would have been that day had there been no such change.”
In Part I of the [1985 c. 69.] Housing Associations Act 1985 (regulation of housing associations) after section 27 there shall be inserted the following section—
(1) If at any time required to do so by the Corporation,—
(a) a registered housing association shall produce to a person authorised in that behalf by the Corporation such books, accounts and other documents relating to the association’s business as may be specified by the Corporation; and
(b) any officer, employee or member of the committee of the registered housing association shall provide an explanation of any such books, accounts and other documents.
(2) Where, by virtue of subsection (1), any books, accounts or other documents are produced to a person authorised in that behalf by the Corporation, he may take copies of or make extracts from them.
(3) In the application of this section to a registered housing association which is a charity,—
(a) the reference in subsection (1)(a) to the association’s business shall be construed as a reference to its housing activities; and
(b) the reference to a member of the committee includes a reference to a trustee of the association.”
For section 87 of the [1985 c. 69.] Housing Associations Act 1985 (grants towards expenses in promoting or assisting registered housing associations) there shall be substituted the following section—
(1) The Corporation may give financial assistance to any person in respect of the following activities—
(a) promoting and giving advice on the formation of registered housing associations and co-operative housing associations (in this section referred to collectively as “relevant associations”);
(b) managing, providing services for, and giving advice on the running of, relevant associations; and
(c) assisting tenants and licensees of a relevant association to take part in the management of the association or of some or all of the dwellings provided by the association.
(2) Assistance under this section may be in the form of grants, loans, guarantees or incurring expenditure for the benefit of the person assisted or in such other way as the Corporation considers appropriate, except that the Corporation may not, in giving any form of financial assistance, purchase loan or share capital in a company.
(3) With respect to financial assistance under this section, the following—
(a) the procedure to be followed in relation to applications for assistance,
(b) the circumstances in which assistance is or is not to be given,
(c) the method for calculating, and any limitations on, the amount of assistance, and
(d) the manner in which, and the time or times at which, assistance is to be given,
shall be such as may be specified by the Corporation, acting in accordance with such principles as it may from time to time determine.
(4) In giving assistance under this section, the Corporation may provide that the assistance is conditional upon compliance by the person to whom the assistance is given with such conditions as it may specify.
(5) Where assistance under this section is given in the form of a grant, subsections (1), (2) and (7) to (9) of section 52 of the Housing Act 1988 (recovery, etc. of grants) shall apply as they apply in relation to a grant to which that section applies, but with the substitution, for any reference in those subsections to the registered housing association to which the grant has been given, of a reference to the person to whom assistance is given under this section.
(6) Section 53 of the Housing Act 1988 (determinations under Part II) shall apply in relation to a determination under this section as it applies to a determination under sections 50 to 52 of that Act.”
(1) In Part III of the [1982 c. 32.] Local Government Finance Act 1982 (the Audit Commission for Local Authorities in England and Wales) after section 28 there shall be inserted the following section—
(1) At the request of the Secretary of State, the Commission may—
(a) promote or undertake studies designed to improve economy, efficiency and effectiveness in the management or operations of any of the bodies specified in section 98(1) of the National Health Service Act 1977 (accounts to be kept by Health Authorities, Family Practitioner Committees, special trustees and the Dental Practice Board);
(b) appoint an auditor to audit the accounts of any of those bodies for a financial year;
(c) make available officers of the Commission to assist with the studies referred to in paragraph (a) above;
(d) make available officers of the Commission to assist an auditor appointed by the Commission under paragraph (b) above or by the Secretary of State under the said section 98(1) in carrying out his audit of any of those bodies;
(e) provide advice to the Secretary of State on any proposal to transfer responsibility for the audit of the accounts of any of those bodies to the Commission; and
(f) provide training for persons in relation to the audit of the accounts of those bodies, including training for securing economy, efficiency and effectiveness in the provision of services by those bodies.
(2) Where a request is made to the Commission to appoint an auditor as mentioned in subsection (1)(b) above, section 13 above shall apply as it applies in relation to the appointment of an auditor to audit the accounts of any body whose accounts are required to be audited in accordance with this Part of this Act subject to the following modifications—
(a) subsections (3) and (4) shall be omitted; and
(b) in subsection (5) for the words “has such other qualifications as may be” there shall be substituted the words “is a person for the time being”.
(3) Subject to subsection (2) above, references in the foregoing provisions of this Part of this Act to an audit carried out thereunder do not include an audit carried out pursuant to a request under subsection (1) above.
(4) Where any services are to be provided pursuant to a request under subsection (1) above, the Commission shall agree with the Secretary of State, and charge him, such fees as will cover the full cost of providing the services.”
(2) In section 29 of that Act (miscellaneous functions of Commission) in subsection (1)—
(a) in paragraph (a) after the words “Minister of the Crown” there shall be inserted “or public authority”;
(b) at the end of paragraph (c) there shall be inserted the words “or
(d) for certifying any return by the body which, by or under any enactment, is required or authorised to be certified by the body’s auditor or under arrangements made by the Commission”; and
(c) at the end there shall be added the words “and in paragraph (a) above “public authority” means a body established by or under the Treaties or by or under any enactment”.
(3) In section 98(1) of the [1977 c. 49.] National Health Service Act 1977 after the words “audited by auditors appointed by the Secretary of State” there shall be inserted “or by the Audit Commission for Local Authorities in England and Wales at his request”.
In section 102 of the [1973 c. 65.] Local Government (Scotland) Act 1973 (reports to Commission for Local Authority Accounts by Controller of Audit)—
(a) in subsections (1) and (2) there shall, in each case, be added at the end the words “and may send a copy of any report so made to any other person he thinks fit”; and
(b) after subsection (2) there shall be inserted the following subsection—
“(2A) A local authority shall, forthwith upon their receiving a copy of a report sent to them under subsection (1) or (2) above, supply a copy of that copy report to each member of the authority and make additional copies available for public inspection.”
(1) Schedule 10 to this Act shall have effect (in place of Part I of the [1954 c. 56.] Landlord and Tenant Act 1954) to confer security of tenure on certain tenants under long tenancies and, in particular, to establish assured periodic tenancies when such long tenancies come to an end.
(2) Schedule 10 to this Act applies, and section 1 of the Landlord and Tenant Act 1954 does not apply, to a tenancy of a dwelling-house—
(a) which is a long tenancy at a low rent, as defined in Schedule 10 to this Act; and
(b) which is entered into on or after the day appointed for the coming into force of this section, otherwise than in pursuance of a contract made before that day.
(3) If a tenancy—
(a) is in existence on 15th January 1999, and
(b) does not fall within subsection (2) above, and
(c) immediately before that date was, or was deemed to be, a long tenancy at a low rent for the purposes of Part I of the Landlord and Tenant Act 1954,
then, on and after that date (and so far as concerns any notice specifying a date of termination on or after that date and any steps taken in consequence thereof), section 1 of that Act shall cease to apply to it and Schedule 10 to this Act shall apply to it unless, before that date, the landlord has served a notice under section 4 of that Act specifying a date of termination which is earlier than that date.
(4) The provisions of Schedule 10 to this Act have effect notwithstanding any agreement to the contrary, but nothing in this subsection or that Schedule shall be construed as preventing the surrender of a tenancy.
(5) Section 18 of the Landlord and Tenant Act 1954 (duty of tenants of residential property to give information to landlords or superior landlords) shall apply in relation to property comprised in a long tenancy at a low rent, within the meaning of Schedule 10 to this Act, as it applies to property comprised in a long tenancy at a low rent within the meaning of Part I of that Act, except that the reference in that section to subsection (1) of section 3 of that Act shall be construed as a reference to sub-paragraph (1) of paragraph 3 of Schedule 10 to this Act.
(6) Where, by virtue of subsection (3) above, Schedule 10 to this Act applies to a tenancy which is not a long tenancy at a low rent as defined in that Schedule, it shall be deemed to be such a tenancy for the purposes of that Schedule.
(1) The Secretary of State may, for the purpose of promoting or facilitating the carrying on of any of the activities specified in subsection (2) below, do one or both of the following, that is to say—
(a) make grants to any person who carries on any such activities;
(b) guarantee the repayment of the principal of, the payment of interest on and the discharge of any other financial obligation in connection with sums borrowed temporarily by any such person.
(2)
The activities mentioned in subsection (1) above are—
(a) the assessment of, and of applications of, materials, products, systems and techniques used or proposed for use in the construction industry; and
(b) the issue of certificates, promotion of common standards and publication of information with respect to any such materials, products, systems or techniques.
(3) The consent of the Treasury shall be required for the exercise by the Secretary of State of his power under this section to make a grant or give a guarantee; but, subject to that consent and to the following provisions of this section, that power shall be a power to make a grant or give a guarantee in such manner and on such conditions as he thinks fit.
(4) Immediately after a guarantee is given under this section, the Secretary of State shall lay a statement of the guarantee before each House of Parliament.
(5) Where any sums are paid out in fulfilment of a guarantee given under this section in respect of any person’s borrowing, that person shall make to the Secretary of State, at such times and in such manner as the Secretary of State may, with the consent of the Treasury, from time to time direct—
(a) payments, of such amounts as the Secretary of State may so direct, in or towards repayment of those sums; and
(b) payments of interest, at such rate as the Secretary of State may so direct, on what is outstanding for the time being in respect of those sums.
(6) As soon as possible after the end of any financial year in which—
(a) any sums are paid out in fulfilment of a guarantee given under this section, or
(b) any liability in respect of the principal of sums so paid out, or in respect of interest on any such sums, is outstanding,
the Secretary of State shall lay before each House of Parliament a statement relating to the sums.
Section 2 of the [1984 c. 11.] Education (Grants and Awards) Act 1984 (limit on expenditure approved for grant purposes) shall not apply in relation to any expenditure approved for the financial year beginning with 1st April 1990 or any subsequent financial year.
(1) Section 59 of the Justices of the [1979 c. 55.] Peace Act 1979 (grants by Secretary of State to responsible authorities) shall be amended in accordance with this section.
(2) In subsection (1), in paragraph (a) the words “or this Part” shall be omitted and at the end of the subsection there shall be added “and
(c) of their functions under this Part of this Act or, in the case of the Receiver, his corresponding functions”.
(3) In subsection (3) after the word “section” there shall be inserted “towards the net cost to a responsible authority in any year of the matters mentioned in paragraphs (a) and (b) of subsection (1) above” and for the words from “the expenditure” onwards there shall be substituted “that net cost”.
(4) After subsection (4) there shall be inserted the following subsection—
“(4A) In determining the amount of the grant towards the net cost of the functions referred to in subsection (1)(c) above, the Secretary of State may disregard, in whole or in part, such items of expenditure as he thinks fit.”
(1) Under any power to make regulations conferred by any provision of this Act, different provision may be made for different cases and different descriptions of cases (including different provision for different areas).
(2) Any power to make regulations conferred by any provision of this Act shall be exercisable by statutory instrument which, except in the case of a statutory instrument containing regulations under section 150 or section 151 or Schedule 10, shall be subject to annulment in pursuance of a resolution of either House of Parliament.
(1) Where any provision of this Act which extends to England and Wales confers (directly or by amendment of another Act) a power on the Secretary of State to make regulations, orders, rules or determinations or to give directions or specify any matter, the power may be exercised differently for England and Wales, whether or not it is exercised separately.
(2) This section is without prejudice to section 190(1) above and to any other provision of this Act or of any Act amended by this Act by virtue of which powers may be exercised differently in different cases or in any other circumstances.
(1) There shall be paid out of money provided by Parliament—
(a) any sums required for the payment by the Secretary of State of grants, subsidies or contributions under this Act;
(b) any sums required by the Secretary of State for fulfilling any guarantees under this Act;
(c) any other expenses of the Secretary of State under this Act; and
(d) any increase attributable to this Act in the sums so payable under any other enactment.
(2) Any sums received by the Secretary of State under this Act shall be paid into the Consolidated Fund.
(1) This Act applies to the Isles of Scilly subject to such exceptions, adaptations and modifications as the Secretary of State may by order direct.
(2) The power to make an order under this section shall be exercisable by statutory instrument which shall be subject to annulment in pursuance of a resolution of either House of Parliament.
(1) Schedule 11 to this Act, which contains minor amendments and amendments consequential on the provisions of this Act, shall have effect.
(2) The enactments specified in Part I of Schedule 12 to this Act, which relate to or are superseded by the provisions of Part IV of this Act, are hereby repealed to the extent specified in the third column of that Schedule; and the Secretary of State may by order made by statutory instrument make provision (in consequence of the said Part IV) amending, repealing or revoking (with or without savings) any provision of an Act passed before or in the same session as this Act, or of an instrument made under an Act before the passing of this Act.
(3) In subsection (2) above “Act” includes a private or local Act and a statutory instrument by which the power in that subsection is exercised shall be subject to annulment in pursuance of a resolution of either House of Parliament.
(4) The other enactments specified in Part II of Schedule 12 to this Act, which include some that are spent, are hereby repealed to the extent specified in the third column of that Schedule, but subject to any provision at the end of that Schedule.
(1) This Act may be cited as the Local Government and Housing Act 1989.
(2) The provisions of sections 1 and 2, 9, 10, 13 to 20 above, Parts II to V (with the exception in Part II of section 24), VII and VIII and (in this Part) sections 140 to 145, 156, 159, 160, 162, 164, 165, 167 to 173, 175 to 180, 182 and 183, 185, 186 and 194, except in so far as it relates to paragraphs 104 to 106 of Schedule 11, shall come into force on such day as the Secretary of State may by order made by statutory instrument appoint, and different days may be so appointed for different provisions or for different purposes.
(3) An order under subsection (2) above may contain such transitional provisions and savings (whether or not involving the modification of any statutory provision) as appear to the Secretary of State necessary or expedient in connection with the provisions brought into force by the order.
(4) Subject to subsection (5) below, this Act, except Parts I and II and sections 36(9), 140 to 145, 150 to 152, 153, 155, 157, 159, 161, 166, 168, 170, 171, 176 to 182, 185, 190, 192, 194(1), 194(4) and this section, extends to England and Wales only.
(5) Notwithstanding anything in subsection (4) above, any provision of Schedule 11 or Part II of Schedule 12 to this Act which amends or repeals any provision of the following enactments does not extend to Scotland—
(a) the [1892 c. 43.] Military Lands Act 1892;
(b) the [1983 c. 52.] Local Authorities (Expenditure Powers) Act 1983.
(6) This Act does not extend to Northern Ireland.
Local Government and Housing Act 1989 (C. 42)