Housing Subsidies Act 1967

• (2) In section 33(1) of the Building Societies Act 1962 (which provides for the making of advances for the payment of certain premiums), the reference to an appropriate policy of life assurance shall be construed as including a reference to a guarantee by an insurance company given in pursuance of arrangements under this section; and section 26(3) of that Act (which restricts the amount of an advance in the case of certain guarantees given in pursuance of a continuing arrangement) shall not apply to a guarantee given in pursuance of arrangements under this section.

• (3) In this section references to an insurance company shall be construed as including references to a recognised housing society as defined by paragraph 10 of Schedule 4 to the Building Societies Act 1962.

Penalty for false statements, etc.

31

• (1) Any person who for the purpose of procuring for himself or another person any benefit under this Part of this Act makes a statement which he knows to be false in a material particular or recklessly makes a statement which is false in a material particular shall be liable on summary conviction to a fine not exceeding one hundred pounds, or to imprisonment for a term not exceeding three months, or to both.

• (2) Where an offence under subsection (1) of this section which has been committed by a body corporate is proved to have been committed with the consent or connivance of, or to be attributable to any neglect on the part of, any director, manager, secretary or other similar officer of the body corporate, or any person who was purporting to act in any such capacity, he as well as the body corporate shall be deemed to be guilty of that offence and shall be liable to be proceeded against and punished accordingly.

• (3) No proceedings for an offence under the said subsection (1) shall be instituted in England or Wales except by or with the consent of the Minister of Housing and Local Government, the Secretary of State for Wales or the Director of Public Prosecutions.

• (4) Proceedings for such an offence by a body corporate may (without prejudice to any jurisdiction exercisable apart from this subsection) be taken against the body at any place at which the body has a place of business.

• (5) Section 104 of the Magistrates' Courts Act 1952 and section 23 of the Summary Jurisdiction (Scotland) Act 1954 (which require summary proceedings to be commenced within six months from the commission of the offence) shall apply to offences under the said subsection (1) with the substitution of a reference to three years for each reference to six months:

Provided that this subsection shall not enable an information to be tried in England and Wales or proceedings to be heard in Scotland where the information was laid or the proceedings were commenced more than twelve months after evidence sufficient in the opinion of an appropriate authority to justify them came to his knowledge; and for this purpose a certificate of an appropriate authority as to the date on which such evidence came to his knowledge and that he is the appropriate authority whose knowledge is relevant shall be conclusive evidence.

• (6) In subsection (5) of this section, the expression " appropriate authority " means the Minister of Housing and Local Government, the Secretary of State for Wales or the Secretary of State for Scotland or, in the case of proceedings which are brought by or with the consent of the Director of Public Prosecutions or, in Scotland, are not preceded by a report of the facts made by one of the Ministers aforesaid to the Lord Advocate, means the Director of Public Prosecutions or the Lord Advocate as the case may be.

Interpretation of Part II.

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• (1) In this Part of this Act, the following expressions have the following meanings respectively, that is to say—

• " building society " has the same meaning as in the Building Societies Act 1962 ;

• " development corporation " means a development corporation established under the New Towns Act 1946 or the New Towns Act 1965 ;

• " friendly society " means a registered society or branch within the meaning of the Friendly Societies Act 1896;

• " housing association " has the same meaning as for the purposes of section 43 of the Finance Act 1963;

• " insurance company " means an insurance company to which the Insurance Companies Act 1958 applies, and, except in section 30 of this Act, includes a company which is not such an insurance company but whose business consists only of business which is complementary to insurance business of the classes carried on by one or more such insurance companies and every member of which is either— such an insurance company to whose business its business is so complementary ; or a company which is not such an insurance company but which, for the purposes of paragraph 24 of Schedule 8 to the Companies Act 1948, is a wholly owned subsidiary of a company such as is mentioned in paragraph (a) of this definition; or a nominee of a company such as is mentioned in paragraph (a) or (b) of this definition.

• (2) Subject to any regulations under section 26(4) of this Act, any reference in any provision of this Part of this Act to the Minister shall, according as the qualifying lenders concerned in any particular exercise of any function of the Minister under that provision consist of local authorities in, or other bodies having their registered, head or chief offices in, one only, or both of any two, or each of all three, of England, Wales and Scotland be construed, as the case may require, as a reference to such one, or to such two acting jointly, as may be appropriate, or to all three acting jointly, of the Minister of Housing and Local Government, the Secretary of State for Wales and the Secretary of State for Scotland; and for the purposes of this subsection Monmouthshire shall be deemed to form part of Wales.

• (3) In the application of this Part of this Act to Scotland—

• (a) any reference therein to a freehold or leasehold estate shall be construed as a reference to an interest in land ;

• (b) any reference therein to a loan upon the security of such an estate as aforesaid or other like reference shall be construed as a reference to a loan upon a heritable security within the meaning of the Building Societies Act 1962.

PART III — General

Expenses.

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There shall be defrayed out of moneys provided by Parliament—

• (a) any payment made under Part I or II of this Act by the Minister of Housing and Local Government or the Secretary of State for Wales ;

• (b) any payment made under the said Part II by the Secretary of State for Scotland;

• (c) any increase attributable to any of the provisions of this Act in the sums payable out of moneys so provided under any other Act.

Short title, construction of references, and extent.

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• (1) This Act may be cited as the Housing Subsidies Act 1967.

• (2) Save where the context otherwise requires, any reference in this Act to an enactment shall be construed as a reference to that enactment as amended by or under any other enactment, including any enactment contained in this Act.

• (3) Part I of this Act does not extend to Scotland.

• (4) This Act does not extend to Northern Ireland.

SCHEDULE 1

1

For the purposes of sections 3 and 10 of this Act the cost of a site shall be taken to be—

• (a) if the site was acquired by a local authority under any enactment relating to housing or by a housing association, the expenses incurred by the authority or association in connection with the acquisition ;

• (b) in any other case, such amount as the Minister may deter mine, having regard to the purposes for which the site was acquired, the expenses incurred in connection with the acquisition, the time elapsed since the acquisition and the use made of the site before its appropriation or use for housing purposes;

but if it appears to the Minister that any building or part of a building erected or to be erected on the site is designed for use otherwise than as housing accommodation, or that any works constructed or to be constructed on the site are designed for purposes other than the provision of such accommodation, the cost of the site shall be deemed to be reduced by so much thereof as, in the opinion of the Minister, may fairly be apportioned to that building or part of a building or to those works.

2

For the purposes of the said sections 3 and 10, any question—

• (a) as to what land is to be treated as constituting a particular site ; or

• (b) as to how much of any expenses incurred in connection with the acquisition of any land is to be attributed to any site forming part only of the land.

shall be determined by the Minister.

3

For the purposes of any determination under paragraph 2(a) of this Schedule—

• (a) where two areas of land are separated from each other by a street only, the two areas may, if the Minister thinks proper, be deemed to constitute one site ; and

• (b) where land not used as a street is bounded by land so used, then, if the Minister thinks fit, half the width of that street or twenty feet of that width, whichever is the less, may be treated as part of any site comprising the first-mentioned land.

4

In this Schedule—

• " building " includes any land appertaining to a building and any land appropriated for the purposes of a building which has not been erected ; and

• " street " includes a public highway and any court, alley, passage or square, whether a thoroughfare or not,

and references to expenses incurred in connection with the acquisition of a site or of land of which a site forms part shall be construed as including references to such amount as the Minister may determine to be the value of any other land given in exchange for the whole or part of the site or of the land of which the site forms part.

SCHEDULE 2

SCHEDULE 3

1

In sections 3(2)(c), 8(1)(f) and 14(1) of the Town Development Act 1952 references to exchequer contributions within the meaning of the Housing (Financial and Miscellaneous Provisions) Act 1946 shall include references to subsidies under Part I of this Act.

2

In section 181 of the Housing Act 1957 references to that Act shall include references to section 14 of this Act.

3

In the proviso to section 17(2) of the Housing (Financial Provisions) Act 1958 the reference to an annual grant under section 1 of that Act shall include a reference to an annual grant under section 1(5) of this Act.

4

In section 24 of the said Act of 1958 references to section 18 of that Act shall include references to section 14 of this Act.

5

In section 25 of the said Act of 1958 references to sections 1 to 9 of that Act shall include references to Part I of this Act.

6

Section 28 of the said Act of 1958 (time and manner of payment) shall extend to payments made by the Minister under Part I of this Act to a local authority.

7

Section 57 of the said Act of 1958 (Isles of Scilly) shall apply in relation to Part I of this Act as it applies in relation to the provisions specified in subsection (3) of that section.

8

Any payment made by the Minister under Part I of this Act to a local authority, except a subsidy payable in a case where the local authority are required by section 1(5) or 12(6) of this Act to make an annual grant and except any payment in respect of a hostel, shall be included in the definition of " exchequer payment" in section 58(2) of the said Act of 1958.

9

In the definition of " grant-aided function" in section 57(1) of the Town and Country Planning Act 1959 the reference to an exchequer subsidy under the said Act of 1958 shall include a reference to a subsidy under Part I of this Act.

10

For the purposes of section 4(2)(a) of the Housing Act 1961, the Minister may, in any case in which it appears to him proper so to do, disregard any amounts carried to the credit of a local authority's Housing Revenue Account under section 52(2) of the said Act of 1958.

11

In sections 92(2) and 94(2) of the Housing Act 1964 references to the authority who provided a house shall include, and be deemed always to have included, references to the authority to whom a house belongs.

12

Paragraph 2 of Schedule 13 to the General Rate Act 1967 shall have effect as if—

• (a) Part I of this Act were included among the enactments mentioned in sub-paragraph (1)(a) of that paragraph ; and

• (b) section 12 of this Act were included among the enactments mentioned in sub-paragraph (1)(c) of that paragraph.

SCHEDULE 4

PART I — Enactments replaced by Section 14

PART II — Enactments repealed as respects certain dwellings by s. 23(1)