Office of Public Sector Information
SCHEDULE 11 continued
55 In Schedule A1 to the [1980 c. 44.] Education (Scotland) Act 1980, for paragraph 9 there shall be substituted the following paragraph—
“9 There shall be paid to members of an appeal committee constituted in accordance with this Schedule such allowances as may be determined by the Secretary of State.”
56 In section 98 of the [1980 c. 65.] Local Government, Planning and Land Act 1980 (disposal of land at direction of Secretary of State), in subsection (8), at the end of paragraph (b) the word “or” shall be omitted and at the end of paragraph (c) there shall be added— “or
(d) in any case where the body to whom this Part of this Act applies is one of the bodies specified in subsection (8A) below, the other body is a company under the control or subject to the influence of that body within the meaning of Part V of the Local Government and Housing Act 1989 (companies in which local authorities have interests).
(8A) The bodies referred to in subsection (8)(d) above are—
(a) a county council;
(b) a district council;
(c) a London borough council;
(d) the Common Council of the City of London; and
(e) a joint authority established by Part IV of the Local Government Act 1985.”
57 In section 100 of that Act (interpretation and extent of Part X) for subsection (1) there shall be substituted the following subsections—
“(1) Except where the context otherwise requires, in this Part of this Act, “subsidiary”, in relation to a body to whom this Part of this Act applies, means—
(a) if that body is a county council, district council, London borough council, the Common Council of the City of London or a joint authority established by Part IV of the Local Government Act 1985, a company under the control, or subject to the influence, of that body within the meaning of Part V of the Local Government and Housing Act 1989 (companies in which local authorities have interests); and
(b) in the case of any other body, a wholly-owned subsidiary of that body.
(1A) In this Part of this Act, “wholly-owned subsidiary” has the meaning assigned to it by section 736 of the Companies Act 1985.”
58 In Schedule 9 to the [1981 c. 64.] New Towns Act 1981 (additional provisions as to the Commission for the New Towns), in paragraph 6 (sealing and execution of documents) after the word “member”, in the first place where it occurs, there shall be inserted “or officer of the Commission”.
59 In section 1 of the [1982 c. 41.] Stock Transfer Act 1982 (transfer of certain securities through a computerised system), in subsection (3), in paragraph (b) for the words “paragraph 4 of Schedule 13 to the Local Government Act 1972” there shall be substituted “section 43 of the Local Government and Housing Act 1989 (borrowing powers)”.
60 In section 77 of the [1984 c. 28.] County Courts Act 1984 (appeals: general provisions), in subsection (6) after paragraph (ee) there shall be inserted the following paragraph—
“(ef) paragraph 13(4) of Schedule 10 to the Local Government and Housing Act 1989; or”.
61 In section 58(7) of the [1984 c. 58.] Rent (Scotland) Act 1984 (power to vary sum of £104 specified in phasing formula under section 58(2)) for the words “the sum specified in” there shall be substituted the words “or repealing any of the provisions of”.
62 In section 8 of the [1985 c. 68.] Housing Act 1985 (periodical review of housing needs), in subsection (2) for the words from “inspections” onwards there shall be substituted “the consideration of the housing conditions in their district under section 605”.
63 In each of sections 47(4) and 48(3A) of that Act (limitation of service charges etc.), after the words “Part XV” there shall be inserted “of this Act or Part VIII of the Local Government and Housing Act 1989”.
64 In section 54 of that Act (powers of entry), at the end of subsection (2) there shall be added the words “and shall, if so required, be produced for inspection by the occupier or anyone acting on his behalf”.
65 (1) In section 55 of that Act (penalty for obstruction), in subsection (1) after the word “offence” there shall be inserted “intentionally”.
(2) In subsection (2) of that section for the words “level 2” there shall be substituted “level 3”.
66 In section 100 of that Act (power to reimburse cost of secure tenant’s improvements), after subsection (2) there shall be inserted the following subsection—
“(2A) In subsection (2)—
(a) the reference to an improvement grant under Part XV includes a reference to a renovation grant, disabled facilities grant or HMO grant under Part VIII of the Local Government and Housing Act 1989; and
(b) the reference to a common parts grant under Part XV includes a reference to a common parts grant under the said Part VIII.”
67 In section 101 of that Act (rent not to be increased on account of tenant’s improvements), after subsection (1) there shall be inserted the following subsection—
“(1A) In subsection (1)—
(a) the reference to an improvement grant under Part XV includes a reference to a renovation grant, disabled facilities grant or HMO grant under Part VIII of the Local Government and Housing Act 1989; and
(b) the reference to a common parts grant under Part XV includes a reference to a common parts grant under the said Part VIII.”
68 In section 244 of that Act (environmental works), in subsection (3) after the word “works” there shall be inserted “(a)”, after the word “grant”, in the last place where it occurs, there shall be inserted “under Part XV” and at the end there shall be added “or
(e) which are included in the external works specified in a group repair scheme, within the meaning of Part VIII of the Local Government and Housing Act 1989, in which the person concerned is eligible to participate.
(3A) In subsection (3)—
(a) the reference to an improvement grant under Part XV includes a reference to a renovation grant, disabled facilities grant or HMO grant under Part VIII of the Local Government and Housing Act 1989; and
(b) the reference to a common parts grant under Part XV includes a reference to a common parts grant under the said Part VIII.”
69 In section 255 of that Act (general powers of local housing authority in general improvement areas) after subsection (2) there shall be inserted the following subsection—
“(3) In subsection (2)(b)—
(a) the reference to an improvement grant under Part XV includes a reference to a renovation grant, disabled facilities grant or HMO grant under Part VIII of the Local Government and Housing Act 1989; and
(b) the reference to a common parts grant under Part XV includes a reference to a common parts grant under the said Part VIII.”
70 In section 289 of that Act (declaration of clearance area), subsection (6) shall cease to have effect.
71 In section 327 of that Act (penalty for occupier causing or permitting overcrowding), in subsection (3)—
(a) for the words “level 1” there shall be substituted “level 2”; and
(b) for “£2” there shall be substituted “one-tenth of the amount corresponding to that level”.
72 In section 331 of that Act (penalty for landlord causing or permitting overcrowding), in subsection (3)—
(a) for the words “level 1” there shall be substituted “level 2”, and
(b) for “£2” there shall be substituted “one-tenth of the amount corresponding to that level”.
73 In section 340 of that Act (powers of entry), at the end of subsection (2) there shall be added the words “and shall, if so required, be produced for inspection by the occupier or anyone acting on his behalf”.
74 (1) In section 341 of that Act (penalty for obstruction), in subsection (1) after the word “offence” there shall be inserted “intentionally”.
(2) In subsection (2) of that section for the words “level 2” there shall be substituted “level 3”.
75 In section 408 of that Act (offences under Part XII), in subsection (2)—
(a) for the words “level 1” there shall be substituted “level 2”, and
(b) for “£2” there shall be substituted “one-tenth of the amount corresponding to that level”.
76 (1) In section 412 of that Act (penalty for obstruction), in subsection (1) for the word “wilfully” there shall be substituted “intentionally”.
(2) In subsection (2) of that section for the words “level 1” there shall be substituted “level 3”.
77 (1) In subsection (1) of section 421 of that Act (housing subsidy), for the words “housing authorities” there shall be substituted the words “new town corporations and the Development Board for Rural Wales”.
(2) In subsection (2) of that section, for paragraphs (a) and (b) there shall be substituted the words “to the body’s housing account”.
(3) This paragraph and paragraphs 78 to 84 below have 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 that Act (general financial provisions).
78 (1) In subsection (1) of section 422 of that Act (calculation of housing subsidy for local housing authorities), for the words “local housing authority” there shall be substituted the words “new town corporation” and for the word “authority's” there shall be substituted the word “corporation's”.
(2) In subsection (2) of that section, for the word “authority” there shall be substituted the word “corporation”.
79 (1) In subsection (1) of section 423 of that Act (the base amount), for the words “local housing authority's” there shall be substituted the words “new town corporation's” and for the word “authority” there shall be substituted the word “corporation”.
(2) In subsection (2) of that section, the words “any description of authority or” shall cease to have effect.
80 (1) In subsection (1) of section 424 of that Act (the housing costs differential), for the words “local housing authority's” there shall be substituted the words “new town corporation's”.
(2) In subsection (2) of that section, for the words “local housing authority's” there shall be substituted the words “new town corporation's”, for the word “authority”, in each place where it occurs, there shall be substituted the word “corporation” and for the words “the authority’s Housing Revenue Account” there shall be substituted the words “the corporation’s housing account”.
(3) For subsection (3) of that section there shall be substituted the following subsection—
“(3) A determination may be made for all new town corporations or different determinations may be made for individual corporations; and a determination may be varied or revoked in relation to all or any of the corporations for which it was made.”
(4) In subsection (4) of that section, for the words “local housing authorities”, in both places where they occur, there shall be substituted the words “new town corporations”.
81 (1) In subsection (1) of section 425 of that Act (the local contribution differential), for the words “local housing authority's” there shall be substituted the words “new town corporation's”.
(2) In subsection (2) of that section, for the words “An authority's” there shall be substituted the words “A corporation's”, for the word “authority”, in both places where it occurs, there shall be substituted the word “corporation”, for the words “Housing Revenue Account” there shall be substituted the words “housing account” and for the words “general rate fund” there shall be substituted the words “general revenue account”.
(3) For subsection (4) of that section there shall be substituted the following subsection—
“(4) A determination may be made for all new town corporations or different determinations may be made for different corporations or groups of corporations.”
(4) In subsection (5) of that section, for the words “local housing authorities”, in both places where they occur, there shall be substituted the words “new town corporations”.
(5) In subsection (6) of that section, for the word “authorities” there shall be substituted the words “corporations”.
82 For section 426 of that Act there shall be substituted the following section—
(1) Sections 422 to 425 (calculation of housing subsidy) apply in relation to the Development Board for Rural Wales as they apply in relation to new town corporations, but subject to subsections (2) and (3).
(2) Section 425(2)(a) (reckonable income to include contributions from corporation’s general revenue account) has effect with the substitution for the reference to any contribution made by the corporation out of their general revenue account of a reference to any contribution made by the Board out of revenue.
(3) The consultation required by section 424(4) or 425(5) (consultation before making general determinations) shall be with the Board.”
83 In section 427(1) of that Act (recoupment of subsidy in certain cases), for the words “local housing authority or other body” there shall be substituted the words “new town corporation or the Development Board for Rural Wales” and for the words “the authority or other body” there shall be substituted the words “that body”.
84 In section 427A of that Act (entitlement to subsidy in case of land subject to a management agreement), for the words “local housing authority or other body” there shall be substituted the words “new town corporation or the Development Board for Rural Wales” and for the words “that authority or body's” there shall be substituted the words “that body's”.
85 In section 582 of that Act (restriction on recovery of possession after making of compulsory purchase order), in subsection (1)(b) for the words “section 243(2) (land in housing action area” there shall be substituted “section 93(2) of the Local Government and Housing Act 1989 (land in renewal area”.
86 In section 584 of that Act (power to enter and determine short tenancies of land acquired or appropriated), in subsection (1), the word “or”, in the last place where it occurs, shall be omitted and after the words “the provisions of Part IX relating to clearance areas,” there shall be inserted “or
Part VII of the Local Government and Housing Act 1989 (renewal areas)”.
87 In Schedule 14 to that Act (the keeping of the Housing Revenue Account), in Part V (other supplementary provisions), in paragraph 8 (contributions in respect of land in general improvement area), after the words “section 259” there shall be inserted “of this Act”, after the words “general improvement area)” there shall be inserted “or section 96 of the Local Government and Housing Act 1989 (contributions by Secretary of State towards expenditure on renewal area)” and after the words “Part II” there shall be inserted “of this Act”.
88 In Schedule 16 to that Act (local authority mortgage interest rates), for paragraph 4 there shall be substituted the following paragraph—
“4 (1) The rate declared under paragraph 3(a) or (b) shall be a rate calculated in such manner as the Secretary of State may determine.
(2) A determination under this paragraph—
(a) may make different provision for different cases or descriptions of cases, including different provision for different areas, for different local authorities or for different descriptions of local authorities; and
(b) may be varied or withdrawn by a subsequent determination.
(3) As soon as practicable after making a determination under this paragraph, the Secretary of State shall send a copy of the determination to the local authority or authorities to which it relates.”
89 In section 14 of the [1985 c. 70.] Landlord and Tenant Act 1985 (leases to which section 11—repairing obligations in short leases—applies: exceptions), in subsection (4) after the words “Rent Act 1977” there shall be inserted “or paragraph 8 of Schedule 1 to the Housing Act 1988”.
90 In section 20A of that Act (service charges) after the words “Housing Act 1985” there shall be inserted “or Part VIII of the Local Government and Housing Act 1989” and at the end there shall be added the following subsection—
“(2) In any case where—
(a) relevant costs are incurred or to be incurred on the carrying out of works which are included in the external works specified in a group repair scheme, within the meaning of Part VIII of the Local Government and Housing Act 1989, and
(b) the landlord participated or is participating in that scheme as an assisted participant,
the amount which, in relation to the landlord, is the outstanding balance determined in accordance with subsections (3) and (4) of section 130 of that Act shall be deducted from the costs, and the amount of the service charge payable shall be reduced accordingly.”
91 (1) In section 21 of that Act (summary of relevant costs for the purposes of service charges), in subsection (5) after the words “Housing Act 1985” there shall be inserted “or Part VIII of the Local Government and Housing Act 1989”.
(2) After subsection (5A) of that section there shall be inserted the following subsection—
“(5B) The summary shall state whether any of the costs relate to works which are included in the external works specified in a group repair scheme, within the meaning of Part VIII of the Local Government and Housing Act 1989, in which the landlord participated or is participating as an assisted participant.”
92 In section 4(2)(a) of the [1986 c. 40.] Education Act 1986 (definition of “the pooling provisions” for the purposes of sections 2 and 3 of that Act) after “that Schedule” there shall be inserted “and section 147 of the Local Government and Housing Act 1989”.
93 In section 61(3) of the [1987 c. 26.] Housing (Scotland) Act 1987 (application of right to buy to tenants under secure tenancies granted after acquisition by landlord of defective dwelling) for “282(3)” there shall be substituted “282(2) or (3)”.
94 In section 62(1) of that Act (price at which secure tenant entitled to buy house to be market value less discount) there shall be inserted after “fixed” the words “as at the date of service of the application to purchase”.
95 In section 239A(1) of that Act (directions to prevent duplications of grant), at the end there shall be inserted the words “or are or are not to perform their duties under this Part”.
96 In section 25 of the [1988 c. 9.] Local Government Act 1988 (consent required for provision of financial assistance etc.) in subsection (1)(b) after the word “power” there shall be inserted “(whether conferred before or after the passing of this Act)”.
97 In section 33 of that Act (local authority companies), after subsection (2) there shall be inserted—
“(2A) In relation to England and Wales, a company is also associated with a local authority, or relevant public body, to which Part V of the Local Government and Housing Act 1989 applies (companies in which local authorities have interests) if the company is under the control or subject to the influence of the authority or body within the meaning of that Part or the authority or body has a minority interest in the company.”
98 The following subsection shall be inserted after section 81(8) of the [1988 c. 40.] Education Reform Act 1988 (method of recovering from local funds sums in respect of maintenance)—
“(8A) Where the authority mentioned in subsection (8) above is an English authority, that subsection shall have effect as if the reference in paragraph (b) to grant did not include a reference to revenue support grant or additional grant (as to deductions from which provision is made by sections 141 to 141B of the Local Government Finance Act 1988).”
99 In section 16 of the [1988 c. 43.] Housing (Scotland) Act 1988—
(a) in paragraph (b) (ii) of subsection (1) (tenant under statutory assured tenancy not bound by certain original provisions for rent increases)—
(i) after the words “specified in” there shall be inserted the words “or fixed by reference to factors specified in”; and
(ii) after the words “there specified” there shall be inserted the words “, or fixed by reference to factors there specified,”; and
(b) after that subsection there shall be inserted the following subsection—
“(1A) The factors referred to in subsection (1) (b) (ii) above must be—
(a) factors which, once specified, are not wholly within the control of the landlord; and
(b) such as will enable the tenant at all material times to ascertain without undue difficulty any amount or percentage falling to be fixed by reference to them.”
100 In section 24 of that Act—
(a) in subsection (1) (procedure for securing rent increase in assured tenancies)—
(i) for the word “an” there shall be substituted the words “a statutory”; and
(ii) in each of paragraphs (a) and (b), after the word “was” there shall be inserted the words “at the time of service of the notice”.
(b) in subsection (5) (saving, from rent increase procedure for assured tenancies, of operation of certain tenancy provisions for such increases)—
(i) for the words from “affects” to “tenancy”, where first occurring, there shall be substituted the following—
“(a) extends to a statutory assured tenancy of which there is a term”.
(ii) after the words “specified in” there shall be inserted the words “, or fixed by reference to factors specified in,”;
(iii) after the words “there specified” there shall be inserted the words “, or fixed by reference to factors there specified,”; and
(iv) there shall be inserted at the end the words “or
(b) affects the operation of any term of a contractual tenancy which makes provision for an increase in rent (including provision whereby the rent for a particular period will or may be greater than that for an earlier period)”; and
(c) after that subsection there shall be inserted the following subsection—
“(6) The factors referred to in subsection (5) above must be—
(a) factors which, once specified, are not wholly within the control of the landlord; and
(b) such as will enable the tenant at all material times to ascertain without undue difficulty any amount or percentage falling to be fixed by reference to them.”
101 In section 7 of the [1988 c. 50.] Housing Act 1988 (orders for possession), in subsection (3) for the words “subsection (6)” there shall be substituted “subsections (5A) and (6)”.
(2) In subsection (4) of that section for the words “subsection (6)” there shall be substituted “subsections (5A) and (6)”.
(3) After subsection (5) of that section there shall be inserted the following subsection—
“(5A) The court shall not make an order for possession of a dwelling-house let on an assured periodic tenancy arising under Schedule 10 to the Local Government and Housing Act 1989 on any of the following grounds, that is to say,—
(a) Grounds 1, 2 and 5 in Part I of Schedule 2 to this Act;
(b) Ground 16 in Part II of that Schedule; and
(c) if the assured periodic tenancy arose on the termination of a former 1954 Act tenancy, within the meaning of the said Schedule 10, Ground 6 in Part I of Schedule 2 to this Act.”
102 In section 15 of that Act (limited prohibition on assignment etc. without consent), in subsection (3) after the words “which is not a statutory periodic tenancy” there shall be inserted “or an assured periodic tenancy arising under Schedule 10 to the Local Government and Housing Act 1989”.
103 In section 21 of that Act (recovery of possession on expiry or termination of assured shorthold tenancy), in subsection (1)(a) for the words “a statutory periodic tenancy” there shall be substituted “an assured shorthold periodic tenancy (whether statutory or not)”.
104 In section 34 of that Act (new protected tenancies etc. restricted to special cases), in subsection (1) for paragraph (d) there shall be substituted the following paragraph—
“(e) it is a tenancy under which the interest of the landlord was at the time the tenancy was granted held by a new town corporation, within the meaning of section 80 of the Housing Act 1985, and, before the date which has effect by virtue of paragraph (a) or paragraph (b) of subsection (4) of section 38 below, ceased to be so held by virtue of a disposal by the Commission for the New Towns made pursuant to a direction under section 37 of the New Towns Act 1981”.
105 (1) In section 35 of that Act (removal of special regimes for tenancies of housing associations etc.) in subsection (2) for paragraph (d) there shall be substituted the following paragraph—
“(e) it is a tenancy under which the interest of the landlord was at the time the tenancy was granted held by a new town corporation, within the meaning of section 80 of the Housing Act 1985, and, before the date which has effect by virtue of paragraph (a) or paragraph (b) of subsection (4) of section 38 below, ceased to be so held by virtue of a disposal by the Commission for the New Towns made pursuant to a direction under section 37 of the New Towns Act 1981”.
(2) At the beginning of subsection (4) of that section there shall be inserted the words “Subject to section 38 (4A) below”.
106 (1) In section 38 of that Act (transfer of existing tenancies from public to private sector) at the beginning of subsection (3) there shall be inserted “Subject to subsections (4) and (4A) below”.
(2) In subsection (4) of that section (special provisions for tenancies held of a new town corporation) after the words “Housing Act 1985” there shall be inserted “and which subsequently ceases to be so held by virtue of a disposal by the Commission for the New Towns made pursuant to a direction under section 37 of the New Towns Act 1981”.
(3) After subsection (4) of that section there shall be inserted the following subsection—
“(4A) Where, by virtue of a disposal falling within subsection (4) above and made before the date which has effect by virtue of paragraph (a) or paragraph (b) of that subsection, the interest of the landlord under a tenancy passes to a registered housing association, then, notwithstanding anything in subsection (3) above, so long as the tenancy continues to be held by a body which would have been specified in subsection (1) of section 80 of the Housing Act 1985 if the repeal of provisions of that section effected by this Act had not been made, the tenancy shall continue to be a secure tenancy and to be capable of being a housing association tenancy.”
107 In section 105 of that Act (consent required for subsequent disposals after change of landlords under Part IV),
(a) at the end of subsection (4) (consent may be subject to conditions) there shall be added the words “and, without prejudice to the generality of the conditions subject to which consent may be given, a condition may be imposed requiring a payment by the new landlord either to the public sector landlord from whom he or, where subsection (3) above applies, a predecessor of his acquired the property or to such other person as may be specified in the consent”; and
(b) in subsection (7) (exempt disposals) in paragraph (b) for the words from “having the right” onwards there shall be substituted “exercising the right to buy it under Part V of the 1985 Act”.
108 In Schedule 2 to that Act (grounds for possession of dwelling-houses let on assured tenancies), in Part I (grounds on which court must order possession), in Ground 6 in the paragraph following paragraph (c)—
(a) after the words “joint tenants”, in the second place where they occur, there shall be inserted “of the dwelling-house concerned”;
(b) for the words “of the dwelling-house concerned” there shall be substituted “or, as the case may be, under a tenancy to which Schedule 10 to the Local Government and Housing Act 1989 applied”; and
(c) after the words “earlier assured tenancy”, in the second place where they occur, there shall be inserted “or, as the case may be, to the grant of the tenancy to which the said Schedule 10 applied”.
109 In Schedule 2 to that Act (grounds for possession of dwelling-houses let on assured tenancies) at the end of Ground 6 (landlord intending to demolish or reconstruct) there shall be added the following paragraph— “For the purposes of this ground, every acquisition under Part IV of this Act shall be taken to be an acquisition for money or money’s worth; and in any case where—
(i) the tenancy (in this paragraph referred to as “the current tenancy”) was granted to a person (alone or jointly with others) who, immediately before it was granted, was a tenant under a tenancy of a different dwelling-house (in this paragraph referred to as “the earlier tenancy”), and
(ii) the landlord under the current tenancy is the person who, immediately before that tenancy was granted, was the landlord under the earlier tenancy, and
(iii) the condition in paragraph (b) above could not have been fulfilled with respect to the earlier tenancy by virtue of an acquisition under Part IV of this Act (including one taken to be such an acquisition by virtue of the previous operation of this paragraph),
the acquisition of the landlord’s interest under the current tenancy shall be taken to have been under that Part and the landlord shall be taken to have acquired that interest after the grant of the current tenancy.”
110 In Schedule 5 to that Act (Housing for Wales), in paragraph 5 (remuneration and allowances), in sub-paragraph (1)—
(a) for the words “Secretary of State” there shall be substituted “Corporation”; and
(b) for the word “he” there shall be substituted “Secretary of State”.
111 In Schedule 6 to that Act, in paragraph 9 (amendments of section 15 of [1985 c. 69.] Housing Associations Act 1985), in sub-paragraph (2) for “(3)” there shall be substituted “(2A)”.
112 In Schedule 18 to that Act (enactments repealed) at the end of paragraph 4 at the end of that Schedule (scope of repeals of section 80 of the [1985 c. 68.] Housing Act 1985) there shall be added “and
(c) do not have effect in relation to a tenancy while it is a housing association tenancy.”
Local Government and Housing Act 1989 (C. 42)