Office of Public Sector Information
PART II continued CHAPTER II continued
(4) The regulations may—
(a) make different provision with respect to different cases or descriptions of case, including different provision for different areas;
(b) make such procedural, incidental, supplementary and transitional provision as appears to the Secretary of State necessary or expedient.
(5) Nothing in subsections (2) to (4) above shall be taken as prejudicing the generality of subsection (1).
(6) Regulations under this section shall be made by statutory instrument.
(7) In this section—
“listed contractor” means any contractor (including the usual contractor) specified in the landlord’s list of contractors;
“qualifying repair” means a repair prescribed as such in the regulations;
“usual contractor” means the direct services organisation of the landlord or the contractor to whom the landlord has contracted its repairs.”
After section 58 of the 1987 Act there shall be inserted the following section—
(1) For the purposes of this section—
(a) “qualifying improvement work” is improvement work which is prescribed as such by the Secretary of State and which is begun not earlier than the commencement of section 147 of the Leasehold Reform, Housing and Urban Development Act 1993;
(b) “qualifying person” is a person who is, at the time the tenancy comes to an end, the tenant of a landlord named in sub-paragraphs (i) to (iv) of section 61(2)(a); and—
(i) is the tenant by whom the qualifying work was carried out; or
(ii) is a tenant of a joint tenancy which existed at the time the improvement work was carried out; or
(iii) succeeded to the tenancy under section 52 on the death of the tenant who carried out the work and the tenancy did not cease to be a secure tenancy on his succession;
(c) a tenancy is terminated when—
(i) any of the circumstances of subsection (1) of section 46 apply and, in a case where the termination is under paragraph (c) or (f) of that subsection, the house which is the subject of the secure tenancy is vacated;
(ii) there is a change of landlord;
(iii) it is assigned to a new tenant.
(2) Where the tenant of a landlord specified in sub-paragraphs (i) to (iv) of section 61(2)(a) has carried out qualifying improvement work with the consent of that landlord under section 57, the qualifying person or persons shall on the termination of the tenancy be entitled to be paid compensation by the landlord in respect of the improvement work.
(3) Compensation shall not be payable if—
(a) the improvement is not of a prescribed description; or
(b) the tenancy comes to an end in prescribed circumstances; or
(c) compensation has been paid under section 58 in respect of the improvement; or
(d) the amount of any compensation which would otherwise be payable is less than such amount as may be prescribed,
and for the purposes of this subsection a prescribed description may be framed by reference to any circumstances whatever.
(4) Regulations under this section may provide that—
(a) any compensation payable shall be—
(i) determined by the landlord in such manner and taking into account such matters as may be prescribed; or
(ii) calculated in such manner and taking into account such matters as may be prescribed,
and shall not exceed such amount, if any, as may be prescribed; and
(b) the landlord may set off against any compensation payable under this section any sums owed to it by the qualifying person or persons.
(5) Where, in the case of two or more qualifying persons, one of them (“the missing person”) cannot be found—
(a) a claim for compensation under this section may be made by, and compensation may be paid to, the other qualifying person or persons; but
(b) the missing person shall be entitled to recover his share of any compensation so paid from that person or those persons.
(6) The Secretary of State may by regulations made under this section make such procedural, incidental, supplementary and transitional provisions as appear to him to be necessary or expedient, and may in particular—
(a) provide for the manner in which and the period within which claims for compensation under this section are to be made, and for the procedure to be followed in determining such claims;
(b) prescribe the form of any document required to be used for the purposes of or in connection with such claims; and
(c) provide for the determination of questions arising under the regulations.
(7) Regulations under this section—
(a) may make different provision with respect to different cases or descriptions of case, including different provision for different areas;
(b) shall be made by statutory instrument which (except in the case of regulations which are made only under subsection (6)(b)) shall be subject to annulment in pursuance of a resolution of either House of Parliament.”
After section 75 of the 1987 Act there shall be inserted the following section—
(1) A landlord which is one of those mentioned in section 61(2)(a)(i) or (ii) shall supply each of its secure tenants at least once every year with information about his right to purchase his house under this Part.
(2) The information supplied under subsection (1) shall be in such form as the landlord considers best suited to explain in simple terms and so far as it considers appropriate the right referred to in that subsection.”
Part I of the 1987 Act shall have effect, and be deemed always to have had effect, as if after section 5 there were inserted the following section—
(1) A local authority may provide in connection with housing accommodation provided by them (whether or not under this Part) such welfare services, that is to say services for promoting the welfare of the persons for whom the accommodation is so provided, as accord with the needs of those persons.
(2) The local authority may make reasonable charges for welfare services provided by virtue of this section.
(3) Notwithstanding the provisions of section 203, a local authority may attribute the income from and the expenditure on the welfare services provided under subsection (1) to a revenue account other than their housing revenue account.
(4) In this section “welfare services” does not include the repair, maintenance, supervision or management of houses or other property.
(5) The powers conferred by this section shall not be regarded as restricting those conferred by section 83 of the Local Government (Scotland) Act 1973 (power to incur expenditure for purposes not otherwise authorised) and accordingly the reference in subsection (1) of that section to any other enactment shall not include a reference to this section.”
Schedule 15 to the 1987 Act (the housing revenue account) shall have effect, and be deemed always to have had effect, as if after paragraph 4 there were inserted the following paragraph—
4A Where in any year a local authority provide welfare services under section 5A, they may—
(a) carry to the credit of the housing revenue account an amount equal to the whole or any part of the income of the authority for the year from charges in respect of the provision of those services;
(b) carry to the debit of the account an amount equal to the whole or any part of the expenditure of the authority for the year in respect of the provision of those services.”
After section 5A of the 1987 Act there shall be inserted the following section—
(1) The Secretary of State may at any time by order made by statutory instrument provide that, on such day or in relation to such periods as may be appointed by the order, section 5A, this section and paragraph 4A of Schedule 15 shall—
(a) cease to have effect; or
(b) cease to apply for such purposes as may be specified in the order.
(2) An order under this section may—
(a) appoint different days or periods for different provisions or purposes or for different authorities or descriptions of authority; and
(b) contain such incidental, supplementary or transitional provisions as appear to the Secretary of State to be necessary or expedient.”
After section 22 of the 1987 Act there shall be inserted the following section—
(1) In this section “housing co-operative” has the meaning given in subsection (1) of section 22 except that the reference in that subsection to the Secretary of State’s approval shall be construed as a reference to his approval in relation to the purposes of this section.
(2) On an application by a housing co-operative a local authority shall make an agreement with them for the performance by that housing co-operative, on such terms as may be provided in the agreement, of the local authority’s functions under section 17(1) relating to the management of houses which are subject to the agreement.
(3) Before making such an agreement the local authority shall satisfy themselves that the housing co-operative—
(a) have the approval of the Secretary of State;
(b) are able to perform the functions competently and efficiently;
(c) are representative of the tenants of the houses.
(4) Where the local authority refuse to enter into an agreement on the grounds that the housing co-operative do not satisfy paragraph (b) or (c) of subsection (3), the housing co-operative may appeal to the Secretary of State who may confirm or reverse the decision of the local authority.
(5) Where the Secretary of State reverses the decision of the local authority, the authority and the housing co-operative shall make the agreement.
(6) Where the local authority and the housing co-operative are unable to agree on the terms of the agreement, the housing co-operative may appeal to the Secretary of State who may determine the terms of the agreement.
(7) An agreement to which this section applies shall be made only with the approval of the Secretary of State, which may be given either generally or to any local authority or description of local authority or in any particular case, and may be given unconditionally or subject to any conditions.”
After section 17 of the 1987 Act there shall be inserted the following sections—
(1) A local authority shall, in relation to their management of the houses which they hold for housing purposes, publish each year such information as—
(a) may be prescribed by the Secretary of State about—
(i) the standard of service of management which the authority undertake to provide;
(ii) the authority’s performance in the past in the achievement of that standard;
(iii) the authority’s intentions for the future in relation to the achievement of that standard;
(iv) any other matter which he thinks should be included in the information to be published;
(b) the authority consider it appropriate to publish in relation to the matters mentioned in paragraph (a) above, either as a result of having consulted tenants or otherwise;
(c) the authority consider it appropriate to publish in relation to any other matter, either as a result of consulting tenants or otherwise.
(2) Before publishing such information, a local authority shall consult their tenants as to the information to be published under subsection (1) and shall take account of the characteristics of the different parts of their districts or areas and of the difference in information which may be appropriate in relation to these parts.
(3) The Secretary of State may direct a local authority to consult tenants or groups of tenants representing less than the whole of their district or area.
At the same time as the information is published, the local authority shall send a copy of the document in which it is published to the Secretary of State who may, if he considers that the publication is unsatisfactory, direct the local authority to publish the information in such manner as he specifies in the direction.
A local authority shall, if the Secretary of State gives them notice to do so, prepare and submit to him within 3 months after such notice, a plan for the management of the houses which they hold for housing purposes.”
In section 20 of the 1987 Act (persons to have priority on housing list and allocation of housing) at the end there shall be added the following subsection—
“(3) A member of a local authority shall be excluded from a decision on the allocation of local authority housing, or of housing in respect of which the local authority may nominate the tenant, where—
(a) the house in question is situated; or
(b) the applicant for the house in question resides,
in the electoral division or ward for which that member is elected.”
(1) For subsection (1) of section 21 of the 1987 Act (publication of rules relating to the housing list) there shall be substituted the following subsection—
“(1) It shall be the duty—
(a) of every local authority to make and to publish in accordance with subsection (4), and again within 6 months of any alteration thereof, rules governing—
(i) the admission of applicants to any housing list;
(ii) the priority of allocation of houses;
(iii) the transfer of tenants from houses owned by the landlord to houses owned by other bodies;
(iv) exchanges of houses;
(b) of Scottish Homes and development corporations (including urban development corporations) to publish in accordance with subsection (4), and again within 6 months of any alteration thereof, any rules they may have governing the matters set out in sub-paragraphs (i) to (iv) of paragraph (a) above.”
(2) In subsection (3) of section 19 of that Act (admission to housing list) for the words “Where a local authority has rules which” there shall be substituted the words “Where the rules made by a local authority under section 21(1)”.
After subsection (3) of section 299 of the 1987 Act (jurisdiction of sheriff) there shall be added the following subsections—
“(4) Where damages are awarded in proceedings commenced before 1st December 1994 which arise out of a failure on the part of the public sector authority to give a person acquiring a relevant interest in a dwelling notice in writing under section 291, the amount of damages for the purposes of this subsection shall be equal to the difference between—
(a) the market value of the dwelling assessed as if it were not a defective dwelling and were available for sale on the open market with vacant possession; and
(b) the market value of the dwelling assessed as a defective dwelling and as if available for sale on the open market with vacant possession.
(5) Subsection (4) applies in relation to proceedings which arise out of a failure by the authority before the coming into force of section 156 of the Leasehold Reform, Housing and Urban Development Act 1993 as it does to proceedings which arise out of a failure by the authority after that date.”
(1) In section 17 of the 1987 Act (management of local authority houses), in subsection (1), the words “and exercised by” shall cease to have effect.
(2) In section 61 of that Act (secure tenant’s right to purchase), in subsection (10), subparagraphs (i) and (ii) of paragraph (b) shall cease to have effect.
(3) In section 62 of that Act (price)—
(a) in subsection (3)(b), the words “continuous” and “immediately” shall cease to have effect;
(b) after subsection (3) there shall be inserted—
“(3A) There shall be deducted from the discount an amount equal to any previous discount, or the aggregate of any previous discounts, received by the appropriate person on any previous purchase of a house by any of these persons from a landlord who is a person specified in subsection (11) of section 61 or prescribed in an order made under that subsection, reduced by any amount of such previous discount recovered by such a landlord.”;
(c) in subsection (4)—
(i) for paragraph (a) there shall be substituted—
“(a) the “appropriate person” is whoever of—
(i) the tenant; or
(ii) the tenant’s spouse if living with him at the date of service of the application to purchase; or
(iii) a deceased spouse if living with the tenant at the time of death; or
(iv) any joint tenant who is a joint purchaser of the house,
has the longer or longest such occupation;” and
(ii) at the end there shall be inserted— “and, for the purposes of subsection (3A), the “appropriate person” is any of the persons mentioned in sub-paragraphs (i) to (iv) of paragraph (a).”
(4) In section 248 of that Act (repairs grants), the proviso to subsection (5) shall be amended as follows—
(a) after the words “shall not apply” there shall be inserted “(a)”; and
(b) at the end there shall be added—
“(b) in relation to an application for a repairs grant in respect of works intended to reduce exposure to radon gas.”
Leasehold Reform, Housing and Urban Development Act 1993