Statutory Instrument 1993 No. 652

The Rent Officers (Additional Functions) (Amendment) Order 1993

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© Crown Copyright 1993

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1993 No. 652

HOUSING, ENGLAND AND WALES

The Rent Officers (Additional Functions) (Amendment) Order 1993

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) (Amendment) Order 1993 and shall come into force on 1st April 1993.

Amendments
    2.    The Rent Officers (Additional Functions) Order 1990^[2] is amended as follows—
 (a) In article 2(1)—
 (i) in the definition of "dwelling" for "the Social Security Act 1986" substitute "Part VII of the Social Security Contributions and Benefits Act 1992"^[3]; and
 (ii) for the definition of "local authority" substitute—
""local authority" means the council of a district or London borough, the Common Council of the City of London or the Council of the Isles of Scilly;" ;

 (b) In article 3(1) for "section 30(2B) or (2C) of the Social Security Act 1986" substitute "section 136(2) or (3) of the Social Security Administration Act 1992"^[4]; and
 (c) At the end of article 5^[5] add—
"  (3)  Paragraph (2)(a)(ii) shall not apply in respect of a determination under section 14 of that Act in a case where—
(a) the application to the rent officer for the determination is made before 1st April 1994; and

(b) no previous application to the rent officer for a determination has been made after 31st March 1993.


    (4)  Paragraph (3) shall not apply in a case where a determination under section 14 or 14A of that Act took effect on or after 1st April 1993 and the rent so determined included an amount payable by the tenant to the landlord in respect of council tax." .

Michael Howard

Secretary of State for the Environment

11th March 1993

David Hunt

Secretary of State for Wales

11th March 1993

This Order amends the Rent Officers (Additional Functions) Order 1990 which conferred functions on rent officers in connection with housing benefit and rent allowance subsidy. This Order makes amendments to provide for the case where a rent officer is applied to by a local authority for a determination of rent and such application is required during a transitional period under social security legislation.

The Order also makes amendments to the 1990 Order which are consequential upon the consolidation in 1992 of the social security legislation.

[1] 1988 c. 50; section 121 was amended by section 110(3) of the Local Government and Housing Act 1989 (c. 42) and was partly repealed by Schedule 1 and amended by paragraph 104 of Schedule 2 to the Social Security (Consequential Provisions) Act 1992 (c. 6). back

[2] S.I. 1990/428, amended by S.I. 1991/426. back

[3] 1992 c. 4. back

[4] 1992 c. 5. back

[5] Paragraph 2(a) and (b) of article 5 were substituted by article 2(1) of S.I. 1991/426. back