Office of Public Sector Information
(1)[F1Except so far as different provision is made by an order under section 17 of the Local Government Act 1992,] the registration areas for the purpose of this Part of this Act [F2are—
(a)counties [F3and county boroughs];
(b)London boroughs; and
(c)the City of London.]
(2)For the purposes of this Part of this Act—
(a). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F4 the City of London shall be deemed to include the Inner Temple and the Middle Temple, and
(b)the Isles of Scilly shall be a registration area and the Council of the Isles of Scilly shall be the local authority for that registration area.
F1Words in s. 62(1) inserted (13.10.1995) by S.I. 1995/2451, reg. 3
F2Words substituted by Local Government Act 1985 (c. 51, SIF 81:1), s. 16, Sch. 8 para. 13(1)
F3Words in s. 62(a) inserted (1.10.1995) by 1994 c. 19, s. 22(2), Sch. 8 para. 3(2) (with ss. 54(5)(7), 55(5), Sch. 17 paras. 22(1), 23(2)); S.I. 1995/2490, art. 4(1), Sch. 2
F4Words repealed by Local Government Act 1985 (c. 51, SIF 81:1), s. 16, Sch. 8 para. 13(2)
(1)The Secretary of State shall for every registration area make, after consultation with the local authority, a scheme providing for the appointment by the proper officer of the local authority—
(a)of such number of rent officers for the area as may be determined by or in accordance with the scheme, . . . F1
(b). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F1
(2)A scheme under this section—
(a)shall provide for the payment by the local authority to rent officers . . . F2 of remuneration and allowances in accordance with scales approved by the Secretary of State F3. . .;
(b)shall prohibit the dismissal of a rent officer . . . F4 except by the proper officer of the local authority on the direction, or with the consent, of the Secretary of State;
(c)shall require the local authority to provide for the rent officers office accommodation and clerical and other assistance;
(d)shall allocate, or confer on the proper officer of the local authority the duty of allocating, work as between the rent officers and shall confer on the proper officer the duty of supervising the conduct of rent officers . . . F5; . . . F6
(e). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F7
[F8(2A) A scheme under this section may make all or any of the following provisions—
(a)provision requiring the consent of the Secretary of State to the appointment of rent officers;
(b)provision with respect to the appointment of rent officers for fixed periods;
(c)provision for the proper officer of the local authority, in such circumstances and subject to such conditions (as to consent or otherwise) as may be specified in the scheme,—
(i)to designate a person appointed or to be appointed a rent officer as chief rent officer and to designate one or more such persons as senior rent officers;
(ii)to delegate to a person so designated as chief rent officer such functions as may be specified in the scheme; and
(iii)to revoke a designation under sub-paragraph (i) above and to revoke or vary a delegation under sub-paragraph (ii) above;
(d)provision with respect to the delegation of functions by a chief rent officer to other rent officers (whether designated as senior rent officers or not);
(e)provision as to the circumstances in which and the terms on which a rent officer appointed by the scheme may undertake functions outside the area to which the scheme relates in accordance with paragraph (f) below;
(f)provision under which a rent officer appointed for an area other than that to which the scheme relates may undertake functions in the area to which the scheme relates and for such a rent officer to be treated for such purposes as may be specified in the scheme (which may include the purposes of paragraphs (c) and (d) above and paragraphs (c) and (d) of subsection (2) above) as if he were a rent officer appointed under the scheme; and
(g)provision conferring functions on the proper officer of a local authority with respect to the matters referred to in paragraphs (d) to (f) above.]
(3)For the purposes of any local Act scheme, within the meaning of section 8 of the M1Superannuation Act 1972, rent officers . . . F9 appointed in pursuance of a scheme under this section shall be deemed to be officers in the employment of the local authority for whose area the scheme is made; and for the purposes of—
(a)Part III of the [F10Pension Schemes Act 1993], and
(b)the M2Social Security Act 1975,
they shall be deemed to be in that employment under a contract of service.
[F11(4)In this Part “the rent officer” means–
(a)in relation to any area not specified in an order made under section 64B of this Act, any rent officer appointed for the area who is authorised to act in accordance with a scheme under this section;
(b)in relation to any area or areas so specified, any rent officer appointed by the Secretary of State.]
(5)A scheme under this section may be varied or revoked by a subsequent scheme made thereunder.
(6)The Secretary of State shall, in respect of each financial year, make to any local authority incurring expenditure which is of a kind mentioned in subsection (7) below, a grant equal to that expenditure.
(7)The expenditure mentioned in subsection (6) above is any expenditure—
(a)attributable to this section [F12or an order under section 122 of the Housing Act 1996], or
(b)incurred in respect of pensions, allowances or gratuities payable to or in respect of rent officers . . . F13 (appointed in pursuance of a scheme under this section) by virtue of regulations under section 7 [F14or section 24] of the M3Superannuation Act 1972 [F15or]
[F16(c)incurred in respect of increases of pensions payable to or in respect of rent officers (so appointed) by virtue of the Pensions (Increase) Act 1971].
(8)Any expenditure incurred by the Secretary of State by virtue of subsection (6) above shall be paid out of money provided by Parliament.
[F17(9)In the case of a registration area in respect of which there is more than one local authority, this section shall apply as if—
(a)the first reference to “the local authority” in subsection (1) were a reference to each of those local authorities which is—
(i)the county council for a county in England; or
(ii)the council for a district in England which is not in a county having a county council; and
(b)the second reference to “the local authority” in that subsection, the references to “the local authority” in subsections (2) and (2A)(c), the reference to “a local authority” in subsection (2A)(g) and the reference to “the local authority for whose area the scheme is made” in subsection (3) were references to such one of those authorities as has been designated by the scheme]
F1S. 63(1)(b) and the word “and” immediately preceding it repealed by Housing Act 1988 (c. 50, SIF 61, 75:1), ss. 120, 140(2), Sch. 14 para. 1, Sch. 18
F2Words repealed by Housing Act 1988 (c. 50, SIF 61, 75:1), ss. 120, 140(2), Sch. 14 para. 2(a), Sch. 18
F3Words in s. 63(2) repealed (1.10.1996) by 1996 c. 52, ss. 222, 227, Sch. 18 Pt. IV para. 22(1)(a)(3), Sch. 19 Pt. XIII; S.I. 1996/2402, art. 3 (with Sch.)
F4Words repealed by Housing Act 1988 (c. 50, SIF 61, 75:1), ss. 120, 140(2), Sch. 14 para. 2(b), Sch. 18
F5Words repealed by Housing Act 1988 (c. 50, SIF 61, 75:1), ss. 120, 140(2), Sch. 14 para. 2(c), Sch. 18
F6Word “and” was inserted by Housing Act 1980 (c. 51, SIf 61), s. 59(1) and repealed by Housing Act 1988 (c. 50, SIF 61, 75:1), ss. 120, 140(2), Sch. 14 para. 2(c), Sch. 18
F7S. 63(2)( e) was inserted by Housing Act 1980 (c. 51, SIF 61), s. 59(1) and repealed by Housing Act 1988 (c. 50, SIF 61, 75:1), ss. 120, 140(2), Sch. 14 para. 2(d), Sch. 18
F8S. 63(2A) inserted by Housing Act 1988 (c. 50, SIF 75:1), s. 119, Sch. 14 para. 3
F9Words repealed by Housing Act 1988 (c. 50, SIF 61, 75:1), ss. 119, 140(2), Sch. 14 para. 4, Sch. 18
F10In s. 63(3) the words "Pension Schemes Act 1993" substituted (7.2.1994) for the words "Social Security Pensions Act 1975" (expressed as s. 653(3) in the amending Act) by 1993 c. 48, s. 190, Sch. 8 para. 10 (with ss. 6(8), 164)
F11S. 63(4) substituted (1.10.1999) by S.I. 1999/2403, art. 7(a) (with s. 8(1)-(5))
F12Words in s. 63(7)(a) substituted (1.4.1997) by 1996 c. 52, s. 123, Sch. 13 para. 1; S.I. 1997/618, art. 2(1) (with Sch.)
F13Words repealed by Housing Act 1988 (c. 50, SIF 61, 75:1), s. 140(2), Sch. 18
F14Words inserted by Housing Act 1988 (c. 50, SIF 75:1), s. 120, Sch. 14 para. 5(a)
F15Word substituted by Housing Act 1988 (c. 50, SIF 75:1), s. 120, Sch. 14 para. 5(a)
F16S. 63(7)(c) inserted by Housing Act 1988 (c. 50, SIF 75:1), s. 119, Sch. 14 para. 5(b)
F17S. 63(9) substituted (13.10.1995) by S.I. 1995/2451, reg. 4
C1S. 63 modified (13.10.1995) by S.I. 1995/2451, reg. 8(1)-(3)
E1This version of this provision extends to England only; a separate version has been created for Wales only.
M11972 c. 11.
M21975 c. 14.
M31972 c. 11.
(1)The Secretary of State shall for every registration area make, after consultation with the local authority, a scheme providing for the appointment by the proper officer of the local authority—
(a)of such number of rent officers for the area as may be determined by or in accordance with the scheme, . . . F1
(b). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F1
(2)A scheme under this section—
(a)shall provide for the payment by the local authority to rent officers . . . F2 of remuneration and allowances in accordance with scales approved by the Secretary of State F3. . .;
(b)shall prohibit the dismissal of a rent officer . . . F4 except by the proper officer of the local authority on the direction, or with the consent, of the Secretary of State;
(c)shall require the local authority to provide for the rent officers office accommodation and clerical and other assistance;
(d)shall allocate, or confer on the proper officer of the local authority the duty of allocating, work as between the rent officers and shall confer on the proper officer the duty of supervising the conduct of rent officers . . . F5; . . . F6
(e). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F7
[F8(2A) A scheme under this section may make all or any of the following provisions—
(a)provision requiring the consent of the Secretary of State to the appointment of rent officers;
(b)provision with respect to the appointment of rent officers for fixed periods;
(c)provision for the proper officer of the local authority, in such circumstances and subject to such conditions (as to consent or otherwise) as may be specified in the scheme,—
(i)to designate a person appointed or to be appointed a rent officer as chief rent officer and to designate one or more such persons as senior rent officers;
(ii)to delegate to a person so designated as chief rent officer such functions as may be specified in the scheme; and
(iii)to revoke a designation under sub-paragraph (i) above and to revoke or vary a delegation under sub-paragraph (ii) above;
(d)provision with respect to the delegation of functions by a chief rent officer to other rent officers (whether designated as senior rent officers or not);
(e)provision as to the circumstances in which and the terms on which a rent officer appointed by the scheme may undertake functions outside the area to which the scheme relates in accordance with paragraph (f) below;
(f)provision under which a rent officer appointed for an area other than that to which the scheme relates may undertake functions in the area to which the scheme relates and for such a rent officer to be treated for such purposes as may be specified in the scheme (which may include the purposes of paragraphs (c) and (d) above and paragraphs (c) and (d) of subsection (2) above) as if he were a rent officer appointed under the scheme; and
(g)provision conferring functions on the proper officer of a local authority with respect to the matters referred to in paragraphs (d) to (f) above.]
(3)For the purposes of any local Act scheme, within the meaning of section 8 of the M1Superannuation Act 1972, rent officers . . . F9 appointed in pursuance of a scheme under this section shall be deemed to be officers in the employment of the local authority for whose area the scheme is made; and for the purposes of—
(a)Part III of the [F10Pension Schemes Act 1993], and
(b)the M2Social Security Act 1975,
they shall be deemed to be in that employment under a contract of service.
(4)References in this Part of this Act to the rent officer are references to any rent officer appointed for any area who is authorised to act in accordance with a scheme under this section.
(5)A scheme under this section may be varied or revoked by a subsequent scheme made thereunder.
(6)The Secretary of State shall, in respect of each financial year, make to any local authority incurring expenditure which is of a kind mentioned in subsection (7) below, a grant equal to that expenditure.
(7)The expenditure mentioned in subsection (6) above is any expenditure—
(a)attributable to this section [F11or an order under section 122 of the Housing Act 1996], or
(b)incurred in respect of pensions, allowances or gratuities payable to or in respect of rent officers . . . F12 (appointed in pursuance of a scheme under this section) by virtue of regulations under section 7 [F13or section 24] of the M3Superannuation Act 1972 [F14or]
[F15(c)incurred in respect of increases of pensions payable to or in respect of rent officers (so appointed) by virtue of the Pensions (Increase) Act 1971].
(8)Any expenditure incurred by the Secretary of State by virtue of subsection (6) above shall be paid out of money provided by Parliament.
[F16(9)In the case of a registration area in respect of which there is more than one local authority, this section shall apply as if—
(a)the first reference to “the local authority” in subsection (1) were a reference to each of those local authorities which is—
(i)the county council for a county in England; or
(ii)the council for a district in England which is not in a county having a county council; and
(b)the second reference to “the local authority” in that subsection, the references to “the local authority” in subsections (2) and (2A)(c), the reference to “a local authority” in subsection (2A)(g) and the reference to “the local authority for whose area the scheme is made” in subsection (3) were references to such one of those authorities as has been designated by the scheme]
F1S. 63(1)(b) and the word “and” immediately preceding it repealed by Housing Act 1988 (c. 50, SIF 61, 75:1), ss. 120, 140(2), Sch. 14 para. 1, Sch. 18
F2Words repealed by Housing Act 1988 (c. 50, SIF 61, 75:1), ss. 120, 140(2), Sch. 14 para. 2(a), Sch. 18
F3Words in s. 63(2) repealed (1.10.1996) by 1996 c. 52, ss. 222, 227, Sch. 18 Pt. IV para. 22(1)(a)(3), Sch. 19 Pt. XIII; S.I. 1996/2402, art. 3 (with Sch.)
F4Words repealed by Housing Act 1988 (c. 50, SIF 61, 75:1), ss. 120, 140(2), Sch. 14 para. 2(b), Sch. 18
F5Words repealed by Housing Act 1988 (c. 50, SIF 61, 75:1), ss. 120, 140(2), Sch. 14 para. 2(c), Sch. 18
F6Word “and” was inserted by Housing Act 1980 (c. 51, SIf 61), s. 59(1) and repealed by Housing Act 1988 (c. 50, SIF 61, 75:1), ss. 120, 140(2), Sch. 14 para. 2(c), Sch. 18
F7S. 63(2)( e) was inserted by Housing Act 1980 (c. 51, SIF 61), s. 59(1) and repealed by Housing Act 1988 (c. 50, SIF 61, 75:1), ss. 120, 140(2), Sch. 14 para. 2(d), Sch. 18
F8S. 63(2A) inserted by Housing Act 1988 (c. 50, SIF 75:1), s. 119, Sch. 14 para. 3
F9Words repealed by Housing Act 1988 (c. 50, SIF 61, 75:1), ss. 119, 140(2), Sch. 14 para. 4, Sch. 18
F10In s. 63(3) the words "Pension Schemes Act 1993" substituted (7.2.1994) for the words "Social Security Pensions Act 1975" (expressed as s. 653(3) in the amending Act) by 1993 c. 48, s. 190, Sch. 8 para. 10 (with ss. 6(8), 164)
F11Words in s. 63(7)(a) substituted (1.4.1997) by 1996 c. 52, s. 123, Sch. 13 para. 1; S.I. 1997/618, art. 2(1) (with Sch.)
F12Words repealed by Housing Act 1988 (c. 50, SIF 61, 75:1), s. 140(2), Sch. 18
F13Words inserted by Housing Act 1988 (c. 50, SIF 75:1), s. 120, Sch. 14 para. 5(a)
F14Word substituted by Housing Act 1988 (c. 50, SIF 75:1), s. 120, Sch. 14 para. 5(a)
F15S. 63(7)(c) inserted by Housing Act 1988 (c. 50, SIF 75:1), s. 119, Sch. 14 para. 5(b)
F16S. 63(9) substituted (13.10.1995) by S.I. 1995/2451, reg. 4
C1S. 63 modified (13.10.1995) by S.I. 1995/2451, reg. 8(1)-(3)
E1This version of this provision extends to Wales only; a separate version has been created for England only.
M11972 c. 11.
M21975 c. 14.
M31972 c. 11.
(1)If the Secretary of State is of opinion that a local authority have failed to carry out any function conferred on them by a scheme under section 63 of this Act he may, after such enquiry as he thinks fit, by order revoke the scheme and, without consulting the local authority, make another scheme under that section.
(2)A scheme made by virtue of subsection (1) above may confer functions otherwise exercisable by the local authority or the proper officer of the local authority on a person appointed by the Secretary of State and that person may, if another local authority consent, be that other local authority or, as the case may be, the proper officer of that other local authority.
(3)If the Secretary of State is of opinion that the proper officer of the local authority has failed to carry out any functions conferred on the proper officer by a scheme under section 63 he may (after consultation with the local authority) exercise his power under subsection (5) of that section by making a scheme providing for all or any of the functions otherwise exercisable by the proper officer to be exercised by some other person.
(4)A scheme made by virtue of this section may contain such incidental and transitional provisions as appear to the Secretary of State to be necessary or expedient.
F1Ss. 64A, 64B inserted by Housing Act 1988 (c. 50, SIF 75:1), s. 120, Sch. 14 Pt. II
(1)If the Secretary of State is of the opinion—
(a)that there is at any time insufficient work in two or more registration areas to justify the existence of a separate service of rent officers for each area, or
(b)that it would at any time be beneficial for the efficient administration of the service provided by rent officers in two or more registration areas,
he may, after consultation with the local authorities concerned, make a scheme under section 63 above designating as an amalgamated registration area the areas of those authorities and making provision accordingly for that amalgamated area.
(2)Any reference in the following provisions of this Chapter to a registration area includes a reference to an amalgamated registration area and, in relation to such an area, “the constituent authorities” means the local authorities whose areas make up the amalgamated area.
(3)A scheme under section 63 above made for an amalgamated registration area—
(a)shall confer on the proper officer of one of the constituent authorities all or any of the functions which, in accordance with section 63 above, fall to be exercisable by the proper officer of the local authority for the registration area;
(b)may provide that any rent officer previously appointed for the area of any one of the constituent authorities shall be treated for such purposes as may be specified in the scheme as a rent officer appointed for the amalgamated registration area; and
(c)shall make such provision as appears to the Secretary of State to be appropriate for the payment by one or more of the constituent authorities of the remunerations, allowances and other expenditure which under section 63 above is to be paid by the local authority for the area.
(4)A scheme under section 63 above made for an amalgamated registration area may contain such incidental, transitional and supplementary provisions as appear to the Secretary of State to be necessary or expedient.
(1)If, with respect to registration areas generally or any particular registration area or areas, it appears to the Secretary of State that it is no longer appropriate for the appointment, remuneration and administration of rent officers to be a function of local authorities, he may by order—
(a)provide that no scheme under section 63 above shall be made for the area or areas specified in the order; and
(b)make, with respect to the area or areas so specified, such provision as appears to him to be appropriate with respect to the appointment, remuneration and administration of rent officers and the payment of pensions, allowances or gratuities to or in respect of them.
(2)An order under this section shall make provision for any expenditure attributable to the provisions of the order to be met by the Secretary of State in such manner as may be specified in the order (whether by way of grant, reimbursement or otherwise); and any expenditure incurred by the Secretary of State by virtue of this subsection shall be paid out of money provided by Parliament.
(3)An order under this section—
(a)may contain such incidental, transitional and supplementary provisions as appear to the Secretary of State to be appropriate, including provisions amending this Part of this Act; and
(b)shall be made by statutory instrument which shall be subject to annulment in pursuance of a resolution of either House of Parliament.]
Rent Act 1977