Office of Public Sector Information
PART V continued
(5) Any grant made pursuant to a scheme under this section—
(a) shall be regarded as a grant of a capital nature for the purposes of Part VIII of the [1980 c. 65.] Local Government, Planning and Land Act 1980 (capital expenditure of local authorities); and
(b) shall be regarded as expenditure on management for the purposes of Part II of Schedule 14 to the [1985 c. 68.] Housing Act 1985 (debits to the Housing Revenue Account).
(6) Where a scheme made by a local housing authority under this section has been approved, a person dealing with the authority shall not be concerned to see or enquire whether the terms of the scheme have been or are being complied with; and any failure to comply with the terms of a scheme shall not invalidate any grant purporting to be made in accordance with the scheme unless the person to whom the grant is made has actual notice of the failure.
(7) In this section—
(a) “local housing authority” has the meaning assigned by section 1 of the Housing Act 1985;
(b) “dwelling-house” has the meaning assigned by section 112 of that Act; and
(c) “tenant” does not include a tenant under a long tenancy, as defined in section 115 of that Act.
(1) Part VI of the Housing Act 1985 (repair notices) shall have effect subject to the amendments in Schedule 15 to this Act.
(2) In section 604 of that Act (fitness for human habitation) after subsection (1) there shall be inserted the following subsection—
“(1A) In the application, for the purposes of Part VI, of subsection (1) to premises consisting of a flat, within the meaning of that Part, regard shall be had not only to the condition of the flat itself but also to the condition of any other part of the building as it affects the flat and, accordingly, the flat may be deemed to be unfit by reference to the defective condition of a part of the building outside the flat (whether or not that part is itself used, or suitable for use, as a dwelling).”
(3) The amendments in subsection (2) above and Schedule 15 to this Act do not have effect in relation to any repair notice, within the meaning of the said Part VI, served before this section comes into force.
(1) With respect to applications for grants approved after the commencement of this Act, Part XV of the [1985 c. 68.] Housing Act 1985 (grants for works of improvement, repair and conversion) shall have effect subject to the following provisions of this section.
(2) In each of the following provisions—
(a) section 464 (preliminary condition: certificates as to future occupation), in subsection (5) (certificate of availability for letting), and
(b) section 501 (condition as to availability for letting), in subsection (2) (the terms of the condition),
in paragraph (a) after the word “holiday” there shall be inserted “on a tenancy which is not a long tenancy and”.
(3) After the words “Rent (Agriculture) Act 1976”, in each place where they occur in—
(a) section 464(5),
(b) section 501(2), and
(c) subsection (2)(d) of section 503 (restriction on imposition of further conditions in relation to certain grants),
there shall be inserted “or is occupied under an assured agricultural occupancy, within the meaning of Part I of the Housing Act 1988”.
(4) In section 504 (further conditions as to letting of dwelling), at the beginning of subsection (1) there shall be inserted the words “Subject to subsection (1A)”; in paragraph (a) of that subsection after the word “letting” there shall be inserted “on an assured tenancy which is not a long tenancy or”; and at the end of that subsection there shall be inserted the following subsection—
“(1A) Paragraphs (d) to (f) of subsection (1) do not apply in the case of a dwelling which is or is to be let or available for letting on an assured tenancy.”
(5) In subsection (2) of section 504 (definitions) after the words “subsection (1)” there shall be inserted “and subsection (1A)” and before paragraph (a) there shall be inserted the following paragraph—
“(aa) “assured tenancy” means a tenancy which is an assured tenancy within the meaning of Part I of the Housing Act 1988 or would be such a tenancy if paragraphs 3, 6, 7 and 10 of Schedule 1 to that Act were omitted”.
(6) In section 526 (index of defined expressions in Part XV), after the entry relating to “local housing authority” there shall be inserted—
| “long tenancy ... ... ... ... | section 115”. |
(7) Without prejudice to subsection (1) above, where an application for a grant—
(a) was made but not approved before the commencement of this Act, and
(b) was accompanied by a certificate of availability for letting in a form which does not take account of the amendments of section 464(5) by subsections (2) and (3) above,
the certificate shall be treated as if it were in a form which takes account of the amendments made by those subsections.
(8) Without prejudice to subsection (1) above, where a grant has been approved before the commencement of this Act and—
(a) section 501(2) applies to impose a condition of the grant, or
(b) conditions have been imposed in terms of section 504(1),
the condition or conditions shall have effect as if it or they were in a form which takes account of the amendments made by subsection (3) or, as the case may be, subsections (4) and (5) above.
(1) At the end of subsection (4) of section 34 of the [1985 c. 68.] Housing Act 1985 (consent to disposals of land held for the purposes of Part II—provision of housing accommodation) and at the end of subsection (4) of section 43 of that Act (consent for certain disposals of other houses) there shall be inserted the subsections set out in subsection (2) below.
(2) The subsections referred to in subsection (1) above and subsection (3) below are as follows—
“(4A) The matters to which the Secretary of State may have regard in determining whether to give consent and, if so, to what conditions consent should be subject shall include—
(a) the extent (if any) to which the person to whom the proposed disposal is to be made (in this subsection referred to as “the intending purchaser”) is, or is likely to be, dependent upon, controlled by or subject to influence from the local authority making the disposal or any members or officers of that authority;
(b) the extent (if any) to which the proposed disposal would result in the intending purchaser becoming the predominant or a substantial owner in any area of housing accommodation let on tenancies or subject to licences;
(c) the terms of the proposed disposal; and
(d) any other matters whatsoever which he considers relevant.
(4B) Where the Secretary of State gives consent to a disposal by a local authority, he may give directions as to the purpose for which any capital money received by the authority in respect of the disposal is to be applied and, where any such directions are given, nothing in any enactment shall require his consent to be given for the application of the capital money concerned in accordance with the directions.”
(3) Section 13 of the [1987 c. 26.] Housing (Scotland) Act 1987 (power of Secretary of State to impose conditions in sale of local authority houses) shall be renumbered as subsection (1) of that section and after that subsection there shall be inserted as subsections (2) and (3) the subsections which are set out in subsection (2) above and there numbered (4A) and (4B).
(4) In section 153 of the [1972 c. 70.] Local Government Act 1972 (application of capital money on disposal of land), in subsection (1) after the words “127(4) above” there shall be inserted “to any directions given in respect of the disposal under section 43(4B) of the Housing Act 1985”.
(5) In section 430 of the [1985 c. 68.] Housing Act 1985 (application of capital money received on disposal of land), in subsection (1) after the word “applied”, in the first place where it occurs, there shall be inserted “in accordance with any directions given in respect of the disposal under section 34(4B) or section 43(4B) and, subject thereto”.
(6) In section 208 of the Housing (Scotland) Act 1987 (application of receipts from disposal of certain land), in subsection (2) there shall be inserted at the end the words “or has made directions under section 13(3)”.
(7) In section 26 of the [1988 c. 9.] Local Government Act 1988 (provisions as to consents under section 25 for provision of financial assistance etc.), in subsection (5) (which excludes consent under various enactments where consent is given to a disposal of land under section 25) after the words “such a consent” there shall be inserted “then, if the consent given for the purposes of section 25 above so provides”.
(8) This section shall be deemed to have come into force on 9th June 1988.
(1) Where consent is required for a disposal (in this section referred to as “the original disposal”) by virtue of section 32 or section 43 of the Housing Act 1985 and that consent does not provide otherwise, the person who acquires the land or house on the disposal shall not dispose of it except with the consent of the Secretary of State; but nothing in this section shall apply in relation to an exempt disposal as defined in section 81(8) above.
(2) Where an estate or interest of the person who acquired the land or house on the original disposal has been mortgaged or charged, the prohibition in subsection (1) above applies also to a disposal by the mortgagee or chargee in exercise of a power of sale or leasing, whether or not the disposal is in the name of the person who so acquired the land or house; and in any case where—
(a) by operation of law or by virtue of an order of a court, the land or house which has been acquired passes or is transferred from the person who so acquired it to another person, and
(b) that passing or transfer does not constitute a disposal for which consent is required under this section,
this section (including, where there is more than one such passing or transfer, this subsection) shall apply as if the other person to whom the land or house passes or is transferred were the person who acquired it on the original disposal.
(3) Where subsection (1) above applies—
(a) if section 34 of the [1985 c. 68.] Housing Act 1985 applies to the consent given to the original disposal, subsections (2)(b) and (3) to (4A) of that section shall also apply to any consent required by virtue of this section;
(b) if the consent to the original disposal was given under section 43 of that Act, subsections (2)(b) and (3) to (4A) of that section shall also apply to any consent required by virtue of this section;
(c) in the application of subsection (4A) of section 34 or section 43 to any consent required by virtue of this section, any reference to the local authority making the disposal shall be construed as a reference to the local authority making the original disposal; and
(d) the instrument by which the original disposal is effected shall contain a statement in a form approved by the Chief Land Registrar that the requirement of this section as to consent applies to a subsequent disposal of the land or house by the person to whom the original disposal was made.
(4) Subsection (4) of section 32 of the Housing Act 1985 or, as the case may be, subsection (5) of section 43 of that Act (options to purchase as disposals) applies for the purposes of this section.
(5) Before giving any consent required by virtue of this section, the Secretary of State—
(a) shall satisfy himself that the person who is seeking the consent has taken appropriate steps to consult every tenant of any land or house proposed to be disposed of; and
(b) shall have regard to the responses of any such tenants to that consultation.
(6) If, apart from subsection (7) below, the consent of the Housing Corporation or Housing for Wales would be required under section 9 of the [1985 c. 69.] Housing Associations Act 1985 (control of dispositions of land by housing associations) for a disposal in respect of which, by virtue of subsection (1) above, the consent of the Secretary of State is required, the Secretary of State shall consult that body before giving his consent for the purposes of this section.
(7) No consent shall be required under the said section 9 for any disposal in respect of which consent is given in accordance with subsection (6) above.
(8) Where the title of the authority to the land or house which is disposed of by the original disposal is not registered, and the original disposal is a conveyance, grant or assignment of a description mentioned in section 123 of the [1925 c. 21.] Land Registration Act 1925 (compulsory registration of title)—
(a) that section applies in relation to the instrument by which the original disposal is effected whether or not the land or house is in an area in which an Order in Council under section 120 of that Act (areas of compulsory registration) is in force;
(b) the authority shall give to the person to whom the original disposal is made a certificate in a form approved by the Chief Land Registrar stating that the authority is entitled to make the disposal subject only to such encumbrances, rights and interests as are stated in the instrument by which the original disposal is effected or summarised in the certificate; and
(c) for the purpose of registration of title, the Chief Land Registrar shall accept such a certificate as evidence of the facts stated in it, but if as a result he has to meet a claim against him under the Land Registration Acts 1925 to 1986 the authority by whom the original disposal was made is liable to indemnify him.
(9) On an application being made for registration of a disposition of registered land or, as the case may be, of the title under a disposition of unregistered land, if the instrument by which the original disposal is effected contains the statement required by subsection (3)(d) above, the Chief Land Registrar shall enter in the register a restriction stating the requirement of this section as to consent to a subsequent disposal.
(10) In every case where the consent of the Secretary of State is required for the original disposal by virtue of section 32 or section 43 of the [1985 c. 68.] Housing Act 1985 (whether or not consent is required under this section to a subsequent disposal), the authority by which the original disposal is made shall furnish to the person to whom it is made a copy of that consent.
In Part I of the [1987 c. 26.] Housing (Scotland) Act 1987 (provision of housing) after section 12 there shall be inserted the following section—
(1) Where a person acquires any land or house from a local authority under section 12(1)(c) or (d) above and the consent of the Secretary of State is required under section 12(7) above to the local authority’s disposal of the land or house to that person, that person shall not dispose of the land or house without the consent in writing of the Secretary of State.
(2) Any consent for the purposes of subsection (1) above may be given either in respect of a particular disposal or in respect of disposals of any class or description (including disposals in particular areas) and either unconditionally or subject to conditions.
(3) Before giving any consent for the purposes of subsection (1) above, the Secretary of State—
(a) shall satisfy himself that the person who is seeking the consent has taken appropriate steps to consult every tenant of any land or house proposed to be disposed of; and
(b) shall have regard to the responses of any such tenants to that consultation.
(4) The consent of Scottish Homes under section 9 of the Housing Associations Act 1985 (control of dispositions) is not required for any disposal, or disposals of any class or description, in respect of which consent is given under subsection (1) above.
(5) In this section references to disposing of property include references to—
(a) granting or disposing of any interest in property;
(b) entering into a contract to dispose of property or to grant or dispose of any such interest; and
(c) granting an option to acquire property or any such interest.”
(1) In Part III of the [1987 c. 26.] Housing (Scotland) Act 1987 (rights of public sector tenants) after section 81 there shall be inserted the following section—
The provisions of Schedule 6A have effect with respect to the duties of—
(a) a local authority proposing to dispose of houses let on secure tenancies;
(b) the Secretary of State in considering whether to give his consent under section 12(7) to such a disposal,
to have regard to the views of tenants liable as a result of the disposal to cease to be secure tenants (that is to say, tenants under secure tenancies).”
(2) After Schedule 6 to the Housing (Scotland) Act 1987 there shall be inserted, as Schedule 6A, the Schedule set out in Schedule 16 to this Act.
(3) The amendments made by this section apply to disposals after the coming into force of this section.
(1) At the end of section 430 of the [1985 c. 68.] Housing Act 1985 (application of capital money received on disposal of land) there shall be inserted the following subsection—
“(3) In the case of capital money received by a local authority in respect of—
(a) disposals of land held for the purposes of Part II (provision of housing), and
(b) any other disposals of land made by virtue of Part V (the right to buy) which do not fall within paragraph (a),
the reference in subsection (1) to any other purpose for which capital money may properly be applied includes a reference to the purpose of meeting the administrative costs of and incidental to such disposals; and, accordingly, the reference in subsection (2) to subsection (1) includes a reference to that subsection as extended by virtue of this subsection.”
(2) In section 72 of the [1980 c. 65.] Local Government, Planning and Land Act 1980 (expenditure which authorities may make), in subsection (7) (net capital receipts for any year defined as the receipts which are capital receipts for the purposes of Part VIII of that Act, reduced by certain payments) after the words “reduced by” there shall be inserted—
“(a) any amount of capital money which in that year is applied for the purpose specified in section 430(3) of the Housing Act 1985 (meeting administrative costs of and incidental to certain disposals of land); and
(b)”.
(1) Section 47 of the [1976 c. 74.] Race Relations Act 1976 (codes of practice) shall be amended in accordance with the following provisions of this section.
(2) In subsection (1) for the words “either or both” there shall be substituted the words “all or any” and at the end there shall be added the following paragraphs—
“(c) the elimination of discrimination in the field of housing let on tenancies or occupied under licences (“the field of rented housing”);
(d) the promotion of equality of opportunity in the field of rented housing between persons of different racial groups”.
(3) In subsection (3), after the words “code of practice” there shall be inserted “relating to the field of employment” and after that subsection there shall be inserted the following subsection—
“(3A) In the course of preparing any draft code of practice relating to the field of rented housing for eventual publication under subsection (2) the Commission shall consult with such organisations or bodies as appear to the Commission to be appropriate having regard to the content of the draft code.”
(4) In subsection (4) for the words “the draft” there shall be substituted “a draft code of practice”.
(5) In subsection (10) after the words “industrial tribunal” there shall be inserted “a county court or, in Scotland, a sheriff court” and after the words “the tribunal” there shall be inserted “or the court”.
(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 under this Act;
(b) any sums required to enable the Secretary of State to make payments to housing action trusts established under Part III of 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, other than those required to be paid into the National Loans Fund, 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 17 to this Act, which contains minor amendments and amendments consequential on the provisions of this Act and the [1988 c. 43.] Housing (Scotland) Act 1988, shall have effect and in that Schedule Part I contains general amendments and Part II contains amendments consequential on the establishment of Housing for Wales.
(2) The enactments specified in Schedule 18 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 and to any saving in Chapter V of Part I of or Schedule 17 to this Act.
(1) This Act may be cited as the Housing Act 1988.
(2) The provisions of Parts II and IV of this Act and sections 119, 122, 124, 128, 129, 135 and 140 above 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) Part I and this Part of this Act, other than sections 119, 122, 124, 128, 129, 132, 133, 134, 135 and 138 onwards, shall come into force at the expiry of the period of two months beginning on the day it is passed; and any reference in those provisions to the commencement of this Act shall be construed accordingly.
(4) An order under subsection (2) above may make such transitional provisions as appear to the Secretary of State necessary or expedient in connection with the provisions brought into force by the order.
(5) Parts I, III and IV of this Act and this Part, except sections 118, 128, 132, 134, 135 and 137 onwards, extend to England and Wales only.
(6) This Act does not extend to Northern Ireland.
Housing Act 1988