Office of Public Sector Information
Section 194.
1 In section 8 of the [1892 c. 43.] Military Lands Act 1892 (provisions as to disbandment of volunteer corps etc.) subsection (3) shall be omitted.
2 In section 52 of the [1908 c. 36.] Small Holdings and Allotments Act 1908 (borrowing powers and expenses) subsection (3) shall be omitted.
3 In section 4 of the [1916 c. 64.] Prevention of Corruption Act 1916 (short title and interpretation), at the end of subsection (2) (meaning of “public body”) there shall be added “and companies which, in accordance with Part V of the Local Government and Housing Act 1989, are under the control of one or more local authorities”.
4 In Part II of Schedule 1 to the [1954 c. 56.] Education Act 1944 (education committees), after paragraph 5 there shall be inserted the following paragraph—
“5A (1) The Secretary of State may by directions to local education authorities require every education committee, or education committee of a description specified in the direction, to include persons appointed, in accordance with the directions, for securing the representation on the committee of persons who appoint foundation governors of voluntary schools in the area for which the committee acts.
(2) The power of the Secretary of State to give directions under sub-paragraph (1) of this paragraph shall be exercisable in relation to sub-committees of education committees as it is exercisable in relation to the committees themselves.
(3) Arrangements approved under paragraph 1 above, orders made under paragraph 3 above and restrictions imposed under paragraph 10 below shall have effect (whether approved, made or imposed before or after the coming into force of this paragraph or the giving of the direction) subject to the requirements of any direction under this paragraph.”
5 In Schedule 1 to the [1956 c. 69.] Sexual Offences Act 1956 (rights of landlord where tenant convicted of permitting use of premises as a brothel) at the end of paragraph 5 there shall be added “Part I of the Housing Act 1988 and Schedule 10 to the Local Government and Housing Act 1989”.
6 In section 2 of the [1965 c. 63.] Public Works Loans Act 1965 (new form of local loan and automatic charge for securing it),—
(a) in subsection (3) for the words “Part IX of the said Act of 1933” there shall be substituted “section 43 of the Local Government and Housing Act 1989 (borrowing powers)”; and
(b) in subsection (5) for the words “section 197 of the Local Government Act 1933” there shall be substituted “section 47 of the Local Government and Housing Act 1989 (security for money borrowed)”.
7 In section 2 of the [1967 c. 61.] Public Works Loans Act 1967 (amendments as to local loans and automatic charges under s.2 of Act of 1965), in subsection (2) for the words “Part IX of the Local Government Act 1933” there shall be substituted “section 43 of the Local Government and Housing Act 1989 (borrowing powers)”.
8 In section 3 of the [1967 c. 88.] Leasehold Reform Act 1967 (meaning of “long tenancy”), in subsection (5) after “1954” there shall be inserted “under Schedule 10 to the Local Government and Housing Act 1989”.
9 In section 9 of that Act (purchase price and costs of enfranchisement, and tenant’s right to withdraw), in subsection (1A), in paragraph (b) after the word “premises” there shall be inserted—
“(i) if the tenancy is such a tenancy as is mentioned in subsection (2) or subsection (3) of section 186 of the Local Government and Housing Act 1989, or is a tenancy which is a long tenancy at a low rent for the purposes of Part I of the Landlord and Tenant Act 1954 in respect of which the landlord is not able to serve a notice under section 4 of that Act specifying a date of termination earlier than 15th January 1999, under the provisions of Schedule 10 to the Local Government and Housing Act 1989; and
(ii) in any other case”.
10 In section 16 of that Act (exclusion of further rights after extension of lease) after subsection (1A) there shall be inserted the following subsection—
“(1B) A tenancy extended under section 14 above shall not be an assured tenancy or an assured agricultural occupancy, within the meaning of Part I of the Housing Act 1988, and Schedule 10 to the Local Government and Housing Act 1989 shall not apply to a tenancy so extended.”
11 In section 22 of that Act (validity of tenants' notices, effect on the 1954 Act and on notices to quit etc. and procedure generally), in subsection (1) after paragraph (c) there shall be inserted the following paragraph—
“(cc) for adapting the procedure under Schedule 10 to the Local Government and Housing Act 1989, and for relating to one another proceedings under that Schedule and proceedings under this Part of this Act; and”.
12 In section 37 of that Act (interpretation of Part I), in subsection (2)—
(a) after “1954” there shall be inserted “or paragraph 16(2) of Schedule 10 to the Local Government and Housing Act 1989”;
(b) for the words “that Act”, in the first place where they occur, there shall be substituted “the said Act of 1954 or, as the case may be, the said Schedule 10”;
(c) for the words “that Act”, in the second place where they occur, there shall be substituted “the said Act of 1954 or, as the case may be, the coming into force of the said Schedule 10”; and
(e) for the words “that Act”, in the third place where they occur, there shall be substituted “the said Act of 1954 or, as the case may be, the said Schedule 10”.
13 (1) In Schedule 3 to that Act (validity of tenants' notices, effect on the 1954 Act etc. and procedure generally), in paragraph 1, in sub-paragraph (1) after “1954” there shall be inserted “or paragraph 17 of Schedule 10 to the Local Government and Housing Act 1989”.
(2) In paragraph 2 of that Schedule—
(a) in sub-paragraph (1) after “1954” there shall be inserted “or served under paragraph 4(1) of Schedule 10 to the Local Government and Housing Act 1989”;
(b) in sub-paragraph (2) after “1954” there shall be inserted “or under paragraph 4(1) of Schedule 10 to the Local Government and Housing Act 1989” and after the word “given” there shall be inserted “or served”; and
(c) in sub-paragraph (3)—
(i) after “1954” there shall be inserted “or served under paragraph 4(1) of Schedule 10 to the Local Government and Housing Act 1989”;
(ii) after the words “shall be” there shall be inserted—
“(l) in the case of a notice given under the said Act of 1954”; and
(iii) at the end there shall be added—
“(ii) in the case of a notice served under the said Schedule 10, the date of termination specified in the previous notice or the expiration of the period of four months beginning on the date of service of the new notice, whichever is the later”.
(3) In paragraph 3 of that Schedule, after sub-paragraph (2) there shall be inserted—
“(3) The reference in sub-paragraph (2) above to section 16(2) of, and paragraph 9 of Schedule 5 to, the Landlord and Tenant Act 1954 includes a reference to those provisions as they apply in relation to Schedule 10 to the Local Government and Housing Act 1989.”
(4) In paragraph 4 of that Schedule, after sub-paragraph (5) there shall be inserted—
“(6) The references in this paragraph—
(a) to section 16 of the Landlord and Tenant Act 1954 and subsection (2) of that section, and
(b) paragraph 9 of Schedule 5 to that Act and sub-paragraph (2) of that paragraph,
include references to those provisions as they apply in relation to Schedule 10 to the Local Government and Housing Act 1989.”
(5) In paragraph 10 of that Schedule—
(a) in sub-paragraph (1)—
(i) after “1954” there shall be inserted “or under paragraph 4(1) of Schedule 10 to the Local Government and Housing Act 1989”; and
(ii) in paragraph (a) for the words “either of those sections” there shall be substituted “any of those provisions”; and
(b) in sub-paragraph (4) after “1954” there shall be inserted “or under paragraph 4(1) of Schedule 10 to the Local Government and Housing Act 1989”.
14 In Schedule 1 to the [1968 c. 48.] International Organisations Act 1968 (privileges and immunities) after paragraph 9A there shall be inserted the following paragraph—
“9B The like exemption or relief from being subject to a community charge, or being liable to pay anything in respect of a community charge or anything by way of contribution in respect of a collective community charge, as is accorded to or in respect of the head of a diplomatic mission.”
15 For paragraph 8 of Schedule 3 to the [1968 c. 49.] Social Work (Scotland) Act 1968 (expenses of children’s panel members) there shall be substituted the following paragraph—
“8 A local authority may pay—
(a) to a member or possible member of the children’s panel,
(b) to a member of the Children’s Panel Advisory Committee,
such allowances as may be determined by the Secretary of State; and he may determine differently in relation to different cases or classes of case.”
16 In section 12 of the [1968 c. 73.] Transport Act 1968 (borrowing powers of Executive), in subsection (4) for the words from “and to borrow money for that purpose” onwards there shall be substituted “but only if the rate of interest payable by the Executive to the Authority in respect of the loan is not less than that which would be payable by the Authority if they were to borrow the same sum on equivalent terms (disregarding any terms as to interest) from another person”.
17 In section 4 of the [1970 c. 42.] Local Authority Social Services Act 1970, after subsection (1) there shall be inserted the following subsection—
“(1A) A local authority may establish sub-committees of their social services committee and may delegate to any such sub-committee any of the functions of the committee.”
18 In section 5(4) of that Act for the words “section 4(2)” there shall be substituted “subsection (1A) or subsection (2) of section 4”.
19 In section 130 of the [1971 c. 42.] Town and Country Planning Act 1971 (displacement of persons from land acquired or appropriated) in subsection (3) after the words “nothing in” there shall be inserted “Part I of the Housing Act 1988 or”.
20 In section 192 of that Act (scope of planning blight provisions), in subsection (1) after paragraph (h) there shall be inserted the following paragraph—
“(ha) is land indicated by information published in pursuance of section 92 of the Local Government and Housing Act 1989 as land which a local authority propose to acquire in exercise of their powers under Part VII of that Act (renewal areas); or”.
21 In section 80 of the [1972 c. 70.] Local Government Act 1972 (disqualifications for election and holding office as members of local authority), in subsection (1) after paragraph (a) there shall be inserted the following paragraph—
“(aa) holds any employment in a company which, in accordance with Part V of the Local Government and Housing Act 1989 other than section 73, is under the control of the local authority; or”.
22 In section 94(5)(b) of that Act (allowances not to be treated as pecuniary interests), after the word “below” there shall be inserted the words “or under any scheme made by virtue of section 18 of the Local Government and Housing Act 1989”.
23 In subsection (6) of section 97 of that Act (exclusion of disability from speaking and voting by reason of small shareholdings), for “£1,000” there shall be substituted “£5,000”.
24 In section 100G of that Act (duty of principal councils to publish information), for paragraph (b) of subsection (1) there shall be substituted the following paragraph—
“(b) in respect of every committee or sub-committee of the council—
(i) the members of the council who are members of the committee or sub-committee or who are entitled, in accordance with any standing orders relating to the committee or sub-committee, to speak at its meetings or any of them;
(ii) the name and address of every other person who is a member of the committee or sub-committee or who is entitled, in accordance with any standing orders relating to the committee or sub-committee, to speak at its meetings or any of them otherwise than in the capacity of an officer of the council; and
(iii) the functions in relation to the committee or sub-committee of every person falling within sub-paragraph (i) above who is not a member of the committee or sub-committee and of every person falling within sub-paragraph (ii) above.”
25 In section 102 of that Act (appointment of committees)—
(a) in paragraph (a) of subsection (1), after “may appoint a committee” there shall be inserted “or a sub-committee”;
(b) in subsection (2), for “the appointing committee” there shall be substituted “the appointing authority or committee (as the case may be)”; and
(c) after subsection (4) there shall be inserted the following subsection—
“(4A) A local authority may appoint one or more sub-committees of a committee appointed by them under subsection (4) above to advise the committee with respect to any matter relating to the discharge of functions with respect to which the committee is appointed to advise.”
26 Sections 173 and 173A of that Act (attendance allowance and financial loss allowance) shall be amended as follows—
(a) for the words “local authority”, wherever they occur, there shall be substituted “parish or community council”;
(b) in subsection (3) of each of those sections, for the word “authority” there shall be substituted “council”; and
(c) for the words “body to which this section applies” in subsection (4) of section 173 there shall be substituted “parish or community council”.
27 In section 175 of that Act (allowances for conferences and meetings)—
(a) in subsection (1) (allowances payable), for the words from “allowances in the nature of” onwards there shall be substituted “allowances in the nature of an attendance allowance and an allowance for travelling and subsistence, as they think fit.
(1A) Payments made under subsection (1) above shall be of such reasonable amounts as the body in question may determine in a particular case or class of case but shall not exceed—
(a) in the case of payments of an allowance in the nature of an attendance allowance, such amounts as may be specified in or determined under regulations made by the Secretary of State; and
(b) in the case of payments of an allowance in the nature of an allowance for travel and subsistence in respect of a conference or meeting held in the United Kingdom, such amounts as may be specified under section 174 above for the corresponding allowance under that section;
and regulations made by the Secretary of State may make it a condition of any payment mentioned in paragraph (a) above that, in the financial year to which the payment would relate, the aggregate amount which the body in question has paid or is already liable to pay in respect of any prescribed allowance or allowances does not exceed such maximum amount as may be specified in or determined under the regulations.”;
(b) in subsection (3B) (conferences to which section applies in relation to joint boards and committees), for the words “such body as is mentioned in section 177(1)(d) or (e) below” there shall be substituted the words “body which is a joint board, joint authority or other combined body all the members of which are representatives of local authorities”.
28 (1) Section 177 of that Act shall be amended as follows.
(2) For subsection (1) (bodies to which sections 173 to 175 apply) there shall be substituted the following subsection—
“(1) Subject to paragraph 4 of Schedule 2 to the Education Act 1980 (application of certain allowances to appeal committees), sections 174 and 175 above apply—
(a) to the bodies specified in section 21(1) of the Local Government and Housing Act 1989, except—
(i) the Common Council;
(ii) a body established pursuant to an order under section 67 of the Local Government Act 1985 (successors to residuary bodies); and
(iii) without prejudice to section 265 below, the Council of the Isles of Scilly;
(b) to any prescribed body on which a body to which those sections apply by virtue of paragraph (a) above is represented; and
(c) to any parish or community council.”
(3) For subsection (2) (meaning of “approved duties”) there shall be substituted the following subsection—
“(2) In sections 173 to 176 above “approved duty”, in relation to a member of a body, means such duties as may be specified in or determined under regulations made by the Secretary of State.”
(4) In subsection (4) (members not excluded from discussion of allowances), at the end there shall be inserted the words “or under any scheme made by virtue of section 18 of the Local Government and Housing Act 1989”.
29 In section 178(2) of that Act (regulations with respect to allowances), for the words “177 or 177A” there shall be substituted “or 177”.
30 In sub-paragraphs (1) and (2) of paragraph 41 of Schedule 12 to that Act (recording the minutes of meetings of local authorities), for the word “following” there shall be substituted “suitable”; and after sub-paragraph (3) of that paragraph there shall be inserted the following sub-paragraph—
“(4) For the purposes of sub-paragraphs (1) and (2) above the next suitable meeting of a local authority is their next following meeting or, where standing orders made by the authority in accordance with regulations under section 20 of the Local Government and Housing Act 1989 provide for another meeting of the authority to be regarded as suitable, either the next following meeting or that other meeting.”
31 In section 37 of the [1973 c. 26.] Land Compensation Act 1973 (disturbance payments for persons without compensatable interests), in subsection (2), in paragraph (c) for the words from “an owner-occupier’s supplement” onwards there shall be substituted the words “a payment under section 584A(1) of the Housing Act 1985 (compensation payable in case of closing and demolition orders)”.
32 (1) In section 42(6) of that Act, in the definition of “Housing Revenue Account dwelling”, for the words from “Part XIII of the [1985 c. 68.] Housing Act 1985)” to the end there shall be substituted the words “Part VI of the Local Government and Housing Act 1989)”.
(2) This paragraph has effect for years beginning on or after 1st April 1990 and in this sub-paragraph “year” has the same meaning as in Part XIII of the Housing Act 1985 (general financial provisions).
33 In section 38(4)(b) of the [1973 c. 65.] Local Government (Scotland) Act 1973 (allowances not to be treated as pecuniary interests) after the word “Act” there shall be inserted the words “or under any scheme made by virtue of section 18 of the Local Government and Housing Act 1989.”
34 In section 47 of that Act (allowances for conferences and meetings)—
(a) in subsection (1) (allowances payable), for the words from “allowances in the nature of” onwards there shall be substituted “allowances in the nature of an attendance allowance and an allowance for travel and subsistence, as they think fit.
(1A) payments made under subsection (1) above shall be of such reasonable amounts as the body in question may determine in a particular case or class of case but shall not exceed—
(a) in the case of payments of an allowance in the nature of an attendance allowance, such amounts as may be specified in or determined under regulations made by the Secretary of State; and
(b) in the case of payments of an allowance in the nature of an allowance for travel and subsistence in respect of a conference or meeting held in the United Kingdom, such amounts as may be specified under section 46 above for the corresponding allowance under that section;
and regulations made by the Secretary of State may make it a condition of any payment mentioned in paragraph (a) above that, in the financial year to which the payment would relate, the aggregate amount which the body in question has paid or is already liable to pay in respect of any prescribed allowance or allowances does not exceed such maximum amount as may be specified in or determined under the regulations.”;
(b) in subsection (3A) (conferences to which section applies in relation to joint boards and committees), for the words “such body as is mentioned in section 49(1)(c) or (d) below” there shall be substituted the words “body which is a joint board, joint authority or other combined body all the members of which are representatives of local authorities”.
35 (1) Section 49 of that Act shall be amended as follows.
(2) For subsection (1) (bodies to which sections 46 and 47 apply) there shall be substituted the following subsection—
“(1) Sections 46 and 47 above apply—
(a) to the bodies specified in section 21(2) of the Local Government and Housing Act 1989; and
(b) to any prescribed body on which a body to which those sections apply by virtue of paragraph (a) above is represented.”
(3) For subsection (2) (meaning of “approved duties”) there shall be substituted the following subsection—
“(2) In sections 46 to 48 above “approved duty”, in relation to a member of a body, means such duties as may be specified in or determined under regulations made by the Secretary of State.”
(4) In subsection (4) (members not excluded from discussion of allowances), at the end there shall be inserted the words “or under any scheme made by virtue of section 18 of the Local Government and Housing Act 1989”.
36 In sub-paragraph (1) of paragraph 7 of Schedule 7 to that Act (recording the minutes of meetings of local authorities) for the word “following” there shall be substituted the word “suitable”; and after sub-paragraph (2) of that paragraph there shall be inserted the following sub-paragraph—
“(3) For the purposes of sub-paragraph (1) above, the next suitable meeting of a local authority is their next following meeting or, where standing orders made by the authority in accordance with regulations under section 20 of the Local Government and Housing Act 1989 provide for another meeting of the authority to be regarded as suitable, either the next following meeting or that other meeting.”
37 In section 23(4) of the [1974 c. 7.] Local Government Act 1974 (consultation in appointing Local Commissioners), for the words “appropriate representative body,” there shall be substituted the words “such persons as appear to the Secretary of State to represent authorities in England or, as the case may be, authorities in Wales to which this Part of this Act applies”.
38 In section 23(12) of that Act (triennial reports to Part III authorities) the words “(through the appropriate representative body designated under section 24 below)” shall be omitted and at the end there shall be inserted the words “and shall send copies of those recommendations or conclusions to the representative persons and authorities concerned”.
39 (1) In section 31(3)(a) of that Act (further provisions about reports on investigations), for “(1) or (2A)” there shall be substituted “(2) or (2C)”.
(2) This paragraph shall not have effect in relation to a report made before the coming into force of section 26 of this Act.
40 In section 32(1) of that Act (publications enjoying absolute privilege for the purposes of the law of defamation), the following paragraph shall be inserted at the end—
“(e) the publication of any matter by inclusion in a statement published in accordance with section 31(2D), (2E) and (2F) or (2G) above.”
41 In Schedule 4 to that Act (further provisions about the Commissions)—
(a) in paragraph 6, after “Subject to” there shall be inserted “section 31(2H) above and”; and
(b) in paragraph 7, after “Subject to” there shall be inserted “section 31(2H) above and”.
42 At the end of section 131(4) of the [1974 c. 44.] Housing Act 1974 (commencement orders, savings) there shall be added the words “and an order under subsection (3) above may be revoked or varied by a further order under that subsection which may itself contain such savings with respect to the effect of the revocation or variation as appear to the Secretary of State to be appropriate”.
43 In section 4 of the [1975 c. 30.] Local Government (Scotland) Act 1975 (valuation appeal committees) after subsection (7) there shall be inserted the following subsection—
“(7A) There shall be paid to members of a valuation appeal committee and to members of a local valuation panel such allowances as may be determined by the Secretary of State.”
44 (1) In section 29(3)(a) of that Act (further provisions about reports on investigations), for “(1) or (2A)” there shall be substituted “(2) or (2C)”.
(2) This paragraph shall not have effect in relation to a report made before the coming into force of section 27 of this Act.
45 In section 30(1) of that Act (publications enjoying absolute privilege for the purposes of the law of defamation), the following paragraph shall be inserted at the end—
“(e) the publication of any matter by inclusion in a statement published in accordance with section 29(2D), (2E) and (2F) or (2G) of this Act.”
46 In Schedule 4 to that Act (further provisions about the Commissioner) in paragraph 5, at the beginning, there shall be inserted “Subject to section 29(2H) of this Act,”.
47 In section 33 of the [1976 c. 57.] Local Government (Miscellaneous Provisions) Act 1976 (restoration or continuation of supply of water, gas or electricity) in subsection (4) for the word “and”, where it first occurs, there shall be substituted “the sum so recoverable, together with any interest accrued due, shall, until recovered, be a charge on the premises concerned and if” and at the end of that subsection there shall be inserted the following subsection—
“(4A) A charge under subsection (4) above takes effect from the date when the council makes the payment referred to in that subsection and, for the purposes of enforcing a charge,—
(a) the council shall have the same powers and remedies, under the Law of Property Act 1925 and otherwise, as if it were a mortgagee by deed having powers of sale and lease, of accepting surrenders of leases and, subject to paragraph (b) below, of appointing a receiver; and
(b) the power to appoint a receiver shall be exercisable at any time after the expiry of one month from the date when the charge takes effect.”
48 In section 40 of that Act (local authorities not affected by trusts attaching to certain securities issued by them), in subsection (1) after the word “officer” there shall be inserted “or other person”.
49 In section 33 of the [1976 c. 80.] Rent (Agriculture) Act 1976 (suspension of condition attached to planning permission), in subsection (2) after the words “let on or subject to” there shall be inserted “an assured agricultural occupancy, within the meaning of Chapter III of Part I of the Housing Act 1988, or”.
50 In Schedule 2 to that Act (meaning of “relevant licence” and “relevant tenancy”), in paragraph 2 (meaning of “relevant tenancy”) after “applies” there shall be inserted “a tenancy to which Schedule 10 to the Local Government and Housing Act 1989 applies”.
51 In section 74 of the [1977 c. 42.] Rent Act 1977 (regulations made by Secretary of State), in subsection (1), in paragraph (b) (procedure of rent officers and rent assessment committees) after “1988” there shall be inserted “or Schedule 10 to the Local Government and Housing Act 1989”.
52 (1) In section 116 of that Act (dwelling subject to statutory tenancy: works to which the tenant is unwilling to consent) in subsection (2) for the words from “paragraph (a)” to “paragraph (b)” there shall be substituted “any of paragraphs (a) to (c)”.
(2) At the end of subsection (3) of that section there shall be added “or
(c) that the works were specified in an application for a renovation grant, a common parts grant, a disabled facilities grant or an HMO grant under Part VIII of the Local Government and Housing Act 1989 and the application has been approved.”
(3) At the end of subsection (5) of that section there shall be added the words “or, as the case may be, with any condition under section 118(2) of the Local Government and Housing Act 1989”.
53 (1) In section 137 of that Act (effect on sub-tenancy of determination of superior tenancy), in subsection (5) after the words “a protected tenancy” there shall be inserted “or an assured tenancy, within the meaning of Part I of the Housing Act 1988”.
(2) In subsection (6) of that section—
(a) in paragraph (a) after “1954” there shall be inserted “or, as the case may be, served under paragraph 4(1) of Schedule 10 to the Local Government and Housing Act 1989”;
(b) in paragraph (b) for the words “that Act” there shall be substituted “the said Act of 1954 or, as the case may be, paragraph 3 of the said Schedule 10”; and
(c) in the words following paragraph (b) for the words “Part I of that Act” there shall be substituted “Part I of the said Act of 1954 or, as the case may be, the said Schedule 10”.
54 In section 8 of the [1977 c. 43.] Protection from Eviction Act 1977 (interpretation), in subsection (1) (meaning of “statutorily protected tenancy”) after paragraph (e) there shall be inserted—
“(e) a tenancy to which Schedule 10 to the Local Government and Housing Act 1989 applies”.
Local Government and Housing Act 1989 (C. 42)