Statutory Instrument 1990 No. 428

The Rent Officers (Additional Functions) Order 1990

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© Crown Copyright 1990

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1990 No. 428

HOUSING, ENGLAND AND WALES

The Rent Officers (Additional Functions) Order 1990

The Secretary of State for the Environment, as respects England, and the Secretary of State for Wales, as respects Wales, in exercise of the powers conferred upon them by section 121 of the Housing Act 1988^[1], and of all other powers enabling them in that behalf, hereby make the following Order—

Citation and commencement
    1.    This Order may be cited as the Rent Officers (Additional Functions) Order 1990 and shall come into force on 2nd April 1990.

Interpretation
    2.—(1)  In this Order, unless the context otherwise requires—

"child" means a person under the age of 16;


"determination" means a determination (including an interim and a further determination) made in accordance with Schedule 1 to this Order;


"dwelling" has the same meaning as in the Social Security Act 1986^[2];


"local authority" has the same meaning as it has in the Social Security Act 1986 in relation to England and Wales;


"occupier" means a person (whether or not identified by name) who is stated, in the application for the determination, to occupy the dwelling;


"relevant time" means the time the application for the determination is made or, if earlier, the tenancy ends;


"rent" has the same meaning as in section 14 of the Housing Act 1988, except that the reference to the dwelling-house in subsection (4) shall be construed as a reference to the dwelling;


"size criteria" means the standards relating to bedrooms and rooms suitable for living in specified in Schedule 2 to this Order;


"tenancy" includes "licence" and references to a tenant, a landlord or any other expression appropriate to a tenancy shall be construed accordingly.

    (2)  In this Order any reference to a notice or application is to a notice or application in writing.

Additional Functions
    3.—(1)  Where, in connection with housing benefit and rent allowance subsidy, a local authority applies to a rent officer for determinations relating to a tenancy of a dwelling (and is required by regulations made under section 30 (2B) or (2C)^[3] of the Social Security Act 1986 to make that application) the rent officer shall (subject to article 5) make the determinations and give notice in accordance with Schedule 1 to this Order.

    (2)  If a rent officer needs further information in order to make a determination, he shall serve notice on the local authority requesting that information and until he receives it paragraph (1) shall not apply to the making of that determination.

    4.    If, within the period of 10 weeks beginning with the date on which the local authority was given notice of a determination, the local authority applies (in connection with housing benefit and rent allowance subsidy) to a rent officer for a redetermination, a rent officer shall (subject to article 5) make the redetermination and give notice in accordance with Schedule 3 to this Order and a rent officer whose advice is sought as provided for in that Schedule shall give that advice.

    5.—(1)  No determination or redetermination shall be made if the application for it is withdrawn.

    (2)  No determination or redetermination shall be made under paragraph 1 ofSchedule 1 (or that paragraph as applied by Schedule 3) if the tenancy is an assured tenancy or an assured agricultural occupancy and—
 (a) the rent payable under the tenancy on the date the application for the determination (or, as the case may be, redetermination) was received was an amount determined under section 22 of the Housing Act 1988, or
 (b) the rent so payable on that date was an amount determined under section 14 of that Act and that rent took effect within the period of 12 months ending with the date the application was received.

Revocation
    6.    The Rent Officers (Additional Functions) Order 1989^[4] and the Rent Officers (Additional Functions) (Amendment) Order 1989^[5] are hereby revoked.

Chris Patten

Secretary of State for the Environment

5th March 1990


Peter Walker

Secretary of State for Wales

1st March 1990

[1] 1988 c. 50; section 121 was amended by section 110(3) of the Local Government and Housing Act 1989 (c. 42). back

[2] 1986 c. 50. back

[3] Inserted by section 15 of the Social Security Act 1989 (c. 24). back

[4] S.I. 1989/590. back

[5] S.I. 1989/1430. back

Explanatory Note