Housing Act 1974

• (b) the duration of the period or term ; and

• (c) the date on which the tenancy will come to an end (by virtue of the service of the notice to quit or by effluxion of time).

• (2) If the landlord considers it appropriate, he may also, in a notification given in compliance with subsection (1) of the principal section, give his reason for serving the notice to quit.

4

A notification given in compliance with subsection (3) of the principal section shall also specify whether, at the time the notification is furnished, the person furnishing it intends to retain any estate or interest in the land specified in the notification in accordance with paragraph 2(1)(b) above and, if he does, the nature of that estate or interest and the land in which he intends that it should subsist.

5

In this Schedule " the principal section " means section 47 of this Act.

SCHEDULE 5

PART I — Sections to be Substituted for Housing Act 1969, Section 28

PART II — Other Amendments of Part II of Housing Act 1969

1

After section 29 of the Housing Act 1969 there shall be inserted the following sections:—

(29A) A general improvement area shall not be so defined as to include (but may be so defined as to surround) any land which is for the time being comprised in a housing action area declared under Part IV of the Housing Act 1974. (29B) (1) If a local authority propose, by a preliminary resolution under section 28(1) of this Act, to declare their intention that an area should become a general improvement area and that area consists of or includes land which, immediately prior to the declaration, is comprised in a priority neighbourhood declared under Part VI of the Housing Act 1974, they shall indicate on the map referred to in the said section 28(1) the land which is so comprised (in this section referred to as "priority land"). (2) If a local authority, by a confirmatory resolution under section 28(2) of this Act, confirm a preliminary resolution and declare as a general improvement area an area which, immediately prior to the declaration, consists of or includes priority land, then, with effect from the date on which the confirmatory resolution is passed, the priority land shall be deemed, as the case may require, either— (a) to have ceased to be a priority neighbourhood by virtue of a resolution passed on that date under section 39(3) of the Housing Act 1974 (as it applies in relation to such a neighbourhood by virtue of section 54 of that Act); or (b) to have been excluded from the priority neighbourhood concerned by virtue of a resolution passed on that date under section 40(1) of that Act (as it applies in relation to such a neighbourhood by virtue of the said section 54).

2

• (1) In section 30 of that Act (changes with respect to general improvement area) after subsection (1) there shall be inserted the following subsection:—

(1A) In any case where, by virtue of a resolution under subsection (1) above, any land is excluded from a general improvement area or, as the case may be, an area ceases to be a general improvement area, the resolution shall not affect the continued operation of this Part of this Act and of any other provision relating to general improvement areas in relation to any works which have been begun before the date on which the resolution takes effect, but, subject thereto, the exclusion or cessation shall apply with respect to the approval before that date of any expenditure in respect of works which have not been begun before that date.

• (2) Subsections (2) and (3) of that section (power of local authority by resolution to include land adjoining a general improvement area in that area) shall cease to have effect.

3

In section 32 of that Act (general powers exercisable by local authority in general improvement area) in subsection (5) (nothing in section 32 to enable a local authority to make any grant where such a grant might be made under Part I of that Act) for the words " Part I of this Act" there shall be substituted the words " Part VII of the Housing Act 1974 ".

4

• (1) After subsection (5) of section 37 of that Act (power of Secretary of State by order to alter the maximum of the aggregate expenditure of local authorities which can be approved for the purposes of his contribution in respect of a general improvement area) there shall be inserted the following subsection:—

(5A) Without prejudice to subsection (5) above, the Secretary of State may direct that, in the case of a particular general improvement area or any description of general improvement area, subsection (4) above shall have effect as if for the amount of £100 mentioned in that subsection, or such other amount as may for the time being be substituted for that amount under subsection (5) above, there were substituted a greater amount.

• (2) In subsection (7) of that section (for purposes of contributions by Secretary of State to local authorities towards expenditure in general improvement areas, certain expenditure by housing association to be treated as that of local authority) there shall be inserted before the words " housing association " , in the first and third places where they occur, the word " registered" and at the end of that subsection there shall be added the following subsection:—

(8) In subsection (7) of this section ' registered housing association ' means a housing association registered in the register of housing associations established under section 13 of the Housing Act 1974

.

5

In subsection (2) of section 40 of that Act (in relation to land in a general improvement area declared by them, the Greater London Council is to be deemed to be the local authority for certain purposes and certain functions are to be exerciseable by other authorities only after consultation with the Greater London Council) in paragraph

• (a) , for the words " sections 17 to 22 and 74 of this Act", there shall be substituted the words " section 74 of this Act and section 79 of the Housing Act " 1974 ", the words " Part I of this Act other than sections 17 to 22 " shall be omitted and for the words " and Part II of the Act of 1957 " there shall be substituted the words " Part II of the Act of 1957 and Part VII of the Housing Act 1974 other than section 79 " ; and in paragraph (b), for the words from " section 19 " to " that Act" there shall be substituted the words " or Part IV of the Housing Act 1964 ".

SCHEDULE 6

PART I — List of Amenities and Maximum Eligible Amounts

PART II — Provisions applicable to certain amenities

1

Except as provided by paragraph 2 below, a fixed bath or shower must be in a bathroom.

2

If it is not reasonably practicable for the fixed bath or shower to be in a bathroom but it is reasonably practicable for it to be provided with a hot and cold water supply it need not be in a bathroom but may be in any part of the dwelling which is not a bedroom.

3

The water closet must, if reasonably practicable, be in, and accessible from within, the dwelling or, where the dwelling is part of a larger building, in such a position in that building as to be readily accessible from the dwelling.

SCHEDULE 7

1

In Part I (credits and debits) in paragraph 1(1)(a) after the word " rents", in the first place where it occurs, there shall be inserted the words " and charges " and after the word " rents ", in the second place where it occurs, there shall be inserted the words " or charges ".

2

In Part II (rate fund contributions to the Housing Revenue Account) after paragraph 9 there shall be added the following paragraph:—

(9A) (1) If for any year the amount received by the local authority by way of charges in respect of lodging-houses (that is to say, houses not occupied as separate dwellings) and hostels within the account is less than the amount which would have been received if those charges had been equal to the reckonable charges, the local authority shall make a rate fund contribution for that year of an amount equal to the deficiency. (2) In this paragraph " the reckonable charges ", in relation to any such lodging-houses or hostels, means such charges as, in the opinion of the Secretary of State, are reasonable and appropriate, having regard to all the circumstances. (3) For the purposes of this paragraph the amount of any charges shall be calculated in such manner as the Secretary of State may from time to time determine, either generally or with respect to a particular authority or authorities or in any particular case. (4) Before making a general determination under sub-paragraph (3) above, the Secretary of State shall consult with such associations of housing authorities as appear to him to be concerned and with any housing authority with whom consultation appears to him to be desirable.

3

In Part III (limitation of certain subsidies and rate fund contributions) in head E of the Table in paragraph 11, for the words " and 9 " there shall be substituted the words " 9 and 9A ".

SCHEDULE 8

1

• (1) Where the tenant, or any previous tenant, has made or contributed to the cost of an improvement on the premises comprised in the tenancy and the improvement is one to which this Schedule applies, then, if the tenant serves on the landlord a notice in the prescribed form requiring him to agree to a reduction under this Schedule, their rateable value as ascertained for the purposes of subsection (1) of section 1 of this Act shall be reduced by such amount, if any, as may be agreed or determined in accordance with the following provisions of this Schedule.

• (2) This Schedule applies to any improvement made by the execution of works amounting to structural alteration, extension or addition.

2

• (1) The amount of any such reduction may at any time be agreed in writing between the landlord and the tenant.

• (2) Where, at the expiration of a period of six weeks from the service of a notice under paragraph 1 of this Schedule any of the following matters has not been agreed in writing between the landlord and the tenant, that is to say,—

• (a) whether the improvement specified in the notice is an improvement to which this Schedule applies ;

• (b) what works were involved in it;

• (c) whether the tenant or a previous tenant under the tenancy has made it or contributed to its cost; and

• (d) what proportion his contribution, if any, bears to the whole cost;

the county court may on the application of the tenant determine that matter, and any such determination shall be final and conclusive.

• (3) An application under the last foregoing sub-paragraph must be made within six weeks from the expiration of the period mentioned therein or such longer time as the court may allow.

3

• (1) Where, after the service of a notice under paragraph 1 of this Schedule, it is agreed in writing between the landlord and tenant or determined by the county court—

• (a) that the improvement specified in the notice is one to which this Schedule applies, and what works were involved in it, and

• (b) that the tenant or a previous tenant under the tenancy has made it or contributed to its cost, and, in the latter case, what proportion his contribution bears to the whole cost, then if, at the expiration of a period of two weeks from the agreement or determination, it has not been agreed in writing between the landlord and the tenant whether any or what reduction is to be made under this Schedule, and the tenant, within four weeks from the expiration of that period, makes an application to the valuation officer for a certificate under the next following sub-paragraph, that question shall be determined in accordance with the certificate unless the landlord and the tenant otherwise agree in writing.

• (2) On any such application the valuation officer shall certify—

• (a) whether or not the improvement has affected the rateable value on the 1st April, 1973 (as ascertained for the purposes of subsection (1) of section 1 of this Act), of the hereditament of which the premises consist or, as the case may be, in which they are wholly or partly comprised, and

• (b) if it has, the amount by which the rateable value would have been less if the improvement had not been made.

• (3) An application for such a certificate shall be in the prescribed form and shall state the name and address of the landlord, and the Valuation Officer shall send a copy of the certificate to the landlord.

• (4) Where the amount of the reduction under this Schedule falls to be determined in accordance with such a certificate, it shall be equal to the amount specified in pursuance of head (b) of sub-paragraph (2) of this paragraph, but proportionately reduced in any case where a proportion only of the cost was contributed by the tenant or a previous tenant under the tenancy.

• (5) Where at the time of an application for a certificate under this paragraph a proposal for an alteration in the valuation list relating to the hereditament is pending and the alteration would have effect from a date earlier than the 2nd April, 1973, the Valuation Officer shall not issue the certificate until the proposal is settled.

FORM . . . Leasehold Reform Act 1967 Notice by Tenant to Landlord of Tenant's Improvements affecting Rateable Value [image omitted]

FORM . . . Leasehold Reform Act 1967 Application by Tenant to Valuation Officer for Certificate as to Reduction for the purposes of the Leasehold Reform Act 1967, in the Rateable Value of premises on account of Tenant's Improvements [image omitted]

SCHEDULE 9

SCHEDULE 10

General

1

• (1) A rehabilitation order may, in addition to applying to any building to which section 114 of this Act applies, be made to apply to—

• (a) any other building comprised in the clearance area,

• (b) any land or building which is not comprised in the clearance area but which is subject to the same compulsory purchase order or, as the case may be, has (since being included in the clearance area) been acquired by the authority by agreement under section 43(2) of the Act of 1957, and

• (c) any land or building to which the provisions of Part III of the Act of 1957 apply by virtue of section 49 of that Act.

• (2) Where, by virtue of this Schedule, a local authority are freed from the duty to demolish a house which was included in a clearance area as being unfit for human habitation, the authority shall take such steps as are necessary—

• (a) to bring the building up to the full standard, or

• (b) where the building is not vested in the authority, to ensure that it is brought up to that standard.

• (3) A local authority may, for the purpose of section 114 of this Act, accept undertakings from the owner of a building, or any other person who has or will have an interest in the building, and in particular undertakings concerning the works to be carried out to bring the building up to the full standard, and the time within which the works are to be carried out.

2

• (1) A local authority shall not make a rehabilitation order relating to land subject to a compulsory purchase order unless they are satisfied that, after the rehabilitation order comes into force, they can effectively fulfil their duties under Part III of the Act of 1957 as regards the remaining land subject to the compulsory purchase order.

• (2) Subject to sub-paragraph (1) above, a rehabilitation order may be made notwithstanding that the effect of the order in excluding any building from a clearance area is to sever that area into two or more separate and distinct areas, and in any such case the provisions of Part III of the Act of 1957 relating to the effect of a compulsory purchase order when confirmed, and to the proceedings to be taken after confirmation of the order, shall apply as if those areas formed one clearance area.

• (3) In exercising his power under this Schedule of confirming a rehabilitation order subject to modifications, the Secretary of State shall have regard to the considerations in sub-paragraphs (1) and (2) above.

3

• (1) This paragraph shall have effect in relation to any land or building in respect of which a local authority have made a rehabilitation order which has been confirmed in accordance with the provisions of this Schedule; and in this Schedule " relevant date " means the date on which the rehabilitation order was confirmed or, as the case may be, on which confirmation was refused.

• (2) If, at the relevant date (in the case of any land or building subject to a compulsory purchase order)—

• (a) no interest in the land or building has, after the date on which the compulsory purchase order concerned was made, vested in the authority, and

• (b) no notice to treat has been served by the authority under section 5 of the Compulsory Purchase Act 1965, in respect of any interest in the land or building,

the compulsory purchase order shall cease to have effect and, where applicable, the building shall cease to be comprised in a clearance area.

• (3) Where sub-paragraph (2) above does not apply, the authority shall, where applicable, cease to be subject to the duty, imposed by Part III of the Act of 1957, to demolish the building, and in relation to any interest in the land or building which at the relevant date has not vested in the authority (being land or a building subject to a compulsory purchase order) the compulsory purchase order shall have effect as if—

• (a) in the case of a house, it had been made and confirmed under Part V of the Act of 1957, and

• (b) in any other case, it had been made and confirmed under Part VI of the Act of 1971.

• (4) If the land or building, or any interest therein, was vested in the authority at the relevant date it shall be treated—

• (a) in the case of a house, as appropriated to the purposes of Part V of the Act of 1957, and

• (b) in any other case, as appropriated to the purposes of Part VI of the Act of 1971.

• (5) Where a local authority have made a rehabilitation order they shall not—

• (a) serve notice to treat under section 5 of the Compulsory Purchase Act 1965 in respect of any land or building subject to the relevant compulsory purchase order, or

• (b) demolish any such building,

until after the relevant date.

• (6) Where the owner of any building in respect of which a rehabilitation order could be made applies to the local authority concerned for such an order to be made in respect of the building, and the authority refuse to make the order, they shall give their reasons for so refusing in writing to the owner.

• (7) Where a rehabilitation order is confirmed in accordance with this Schedule and the effect of the order is to exclude from a clearance area any land adjoining a general improvement area in England and Wales (within the meaning of Part II of the Housing Act 1969), that land shall, unless the Secretary of State otherwise directs, be included in the general improvement area.

Procedure for making and confirming rehabilitation orders

4

A rehabilitation order shall be made in the prescribed form and shall describe, by reference to a map—

• (a) the land and buildings to which it applies,

• (b) the boundaries of the clearance area to which it applies,

• (c) the boundaries of the land comprised in any relevant compulsory purchase order, and

• (d) the parts (if any) of the land to which the rehabilitation order applies which will remain subject to a compulsory purchase order.

5

• (1) Before submitting the rehabilitation order to the Secretary of State the local authority shall—

• (a) publish in one or more newspapers circulating within their district a notice in the prescribed form stating that an order has been made and describing the land and buildings to which it applies and naming a place where a copy of the order and its accompanying map may be seen at all reasonable hours, and

• (b) serve—

• (i) on every person on whom notice of the making of any relevant compulsory purchase order was served, or

• (ii) on the person from whom the land or building was purchased by agreement, as the case may be, or

• (iii) on their successors in title, where appropriate,

a notice in the prescribed form stating the effect of the rehabilitation order and that it is about to be submitted to the Secretary of State for confirmation and specifying the time within, and the manner in which, objections thereto can be made.

• (2) A notice which is to be served on any person under this paragraph shall be served in accordance with the provisions of section 169 of the Act of 1957 ; and any notice served in accordance with this paragraph shall be accompanied by a statement of the grounds on which the authority are seeking confirmation of the rehabilitation order.

6

• (1) If no objection is duly made by any of the persons on whom notices are required to be served in accordance with paragraph 5 above, or if all objections so made are withdrawn, then, subject to the provisions of this Schedule, the Secretary of State may if he thinks fit confirm the order with or without modifications.

• (2) If any objection duly made is not withdrawn, the Secretary of State shall, before confirming the order, either cause a public local inquiry to be held or afford to a person by whom an objection has been duly made and not withdrawn an opportunity of appearing before and being heard by a person appointed by the Secretary of State for the purpose.

• (3) After considering any objection not withdrawn and the report of the person who held the inquiry or of the person appointed under sub-paragraph (2) above, the Secretary of State may, subject to the provisions of this Schedule, confirm the order with or without modifications.

• (4) Notwithstanding anything in the provisions of this paragraph, the Secretary of State may require any person who has made an objection to state in writing the grounds thereof and may disregard the objection for the purposes of this paragraph if he is satisfied that the objection relates exclusively to matters which can be dealt with by the tribunal by whom the compensation is to be assessed.

• (5) The Secretary of State may modify a rehabilitation order by extending its application to any other land or building to which the order could have been made to apply by the authority making it, but shall not do so unless—

• (a) he is satisfied that any unfit house which he proposes to include in the rehabilitation order should be improved to the full standard, instead of being demolished,

• (b) he is satisfied, in respect of any land or building which he proposes to' include in the rehabilitation order (being land or a building which is not comprised in the clearance area concerned) that its acquisition by the local authority is unnecessary, and

• (c) he has served on every owner, lessee and occupier (except tenants for a month or a lesser period than a month) and, so far as it is reasonably practicable to ascertain such persons, on every mortgagee, of the land or building a notice in the prescribed form stating the effect of his proposals and has afforded them an opportunity to make their views known.

7

• (1) The provisions of Schedule 4 to the Act of 1957 shall have effect, subject to the necessary modifications, in relation to the validity and date of operation of a rehabilitation order as they have effect in relation to the validity and date of operation of a compulsory purchase order made under section 43 of that Act.

• (2) The modifications subject to which the provisions of Schedule 4 are to have effect by virtue of this paragraph shall include the addition, at the end of paragraph 1, of the words—

and every person on whom the Secretary of State served notice under paragraph 6(5)(c) of Schedule 10 to the Housing Act 1974.

8

• (1) In this Schedule " prescribed " means prescribed by order made by the Secretary of State for the purposes of this Schedule ; and " full standard " has the same meaning as in section 114(3) of this Act.

• (2) An order under this paragraph shall be contained in a statutory instrument which shall be subject to annulment in pursuance of a resolution of either House of Parliament.

• (3) In the application of this Schedule to Scotland the words " as being unfit for human habitation " shall be omitted.

SCHEDULE 11

1

• (1) In section 24 (right to opt for subsidy for certain loans in connection with dwellings) at the end of subsection (1) there shall be added the words

and (d) the loan is not one to which a direction under subsection (3A) of this section for the time being applies

.

• (2) In paragraph (c) of subsection (3) of that section (declaration by borrower as to use of land, etc.),—

• (a) for the words " and the land " there shall be substituted the words " that the amount of the loan will not exceed the appropriate limit determined under section 24A of this Act and that, before the expiry of the period of 12 months beginning on the date referred to in paragraph (b) of this subsection, the land "; and

• (b) for the words from " being the borrower " to " one of them) ", in the second place where those words occur, there shall be substituted the words " or persons in such circumstances that the residence condition in section 24B of this Act is fulfilled ";

and at the end of that paragraph there shall be added the words

and (d) in a case where the specified person or persons named in a declaration under paragraph (c) above is, are or include the borrower or all or any of the joint borrowers, that, if the borrower or, in the case of joint borrowers, any of them is married and is not treated for income tax purposes as living apart from his spouse, the borrower or, as the case may be, each of those joint borrowers and (in either case) his spouse have signed and delivered to the lender a declaration either that there is no existing loan— (i) the whole or any part of the interest on which is payable (whether alone or jointly with any other person) by the spouse, and (ii) in respect of which an option notice for the time being has effect or in respect of which a claim for relief has been or is to be made under section 75 of the Finance Act 1972 (relief for payment of interest), and (iii) which relates to, or was made with a view to the repayment of a previous loan which related to, land used wholly or mainly for the purposes of a dwelling (not being the dwelling to which the declaration under paragraph (c) above relates) which is that spouse's only or main residence or a caravan so used, or that such a loan does exist but the spouse intends that, within the period of 12 months beginning on the date referred to in paragraph (b) above, the dwelling referred to in sub-paragraph (iii) above will cease to be the spouse's only or main residence

.

• (3) At the end of subsection (3) of that section there shall be added the following paragraphs—

(viii) the taking effect of a direction under subsection (3A) of this section with respect to the loan ; (ix) if subsection (5) of section 24B of this Act applies, the expiry of the period of one month beginning with the date on which the lender receives a notification (or, if he receives more than one notification, the first notification) under that subsection or, if he does not receive such a notification, the date on which the lender first becomes aware that the residence condition is not fulfilled as mentioned in that subsection ; (x) if subsection (6) of section 24B of this Act applies and the lender receives a notification in accordance with that subsection, the expiry of the period of twelve months beginning with the date specified in that notification, and if that subsection applies but the lender does not receive such a notification, the expiry of the period of one month beginning with the date on which the lender first becomes aware that the residence condition is not fulfilled as mentioned in that subsection ; (xi) if the lender becomes aware that a declaration under paragraph (c) or paragraph (d) of this subsection is false in a material particular, the expiry of the period of one month beginning with the date on which the lender first becomes so aware.

• (4) After subsection (3) of that section there shall be inserted the following subsections:—

(3A) The Secretary of State may, after consultation with such qualifying lenders or bodies representative of qualifying lenders of any description as may appear to him appropriate, direct that subsidy in accordance with this Part of this Act shall not be available in the case of any loan to which the direction applies, being a loan falling within subsection (3B) below. (3B) A loan is one in respect of which a direction may be made under subsection (3A) above if the terms of the repayment contract (as originally entered into or as subsequently varied) are such that the amount due from the borrower for any period by way of interest under the repayment contract is less than the total of the interest which accrues in respect of that period, so that part of the interest is treated as an addition to the capital outstanding or is otherwise carried forward. (3C) In considering whether to make a direction under subsection (3A) above with respect to any loan, the Secretary of State shall follow such principles, and take account of such matters, as he may from time to time decide after the like consultation as is specified in that subsection. (3D) A direction under subsection (3A) above may be made with respect to a particular loan or loans or any description of loans, and, in so far as the direction relates to a loan in respect of which an option notice has already been given, the direction shall specify a date (being a date after the giving of the direction) with effect from which the direction is to take effect with respect to any such loan. (3E) Any provision of subsection (3A) or subsection (3C) above which imposes on the Secretary of State a duty to consult any persons or bodies appearing to him to be appropriate shall not be taken as implying that further consultation is required by the provision where the Secretary of State is satisfied that there was consultation before the coming into force of that subsection and in his opinion that consultation was sufficient for the purpose

.

• (5) In subsection (4) of that section for the words from " conditions specified in subsection (3)(c)" to the end of the subsection there shall be substituted the words " conditions specified in paragraphs (c) and (d) of subsection (3) of this section there are satisfied such other conditions as may be specified in the direction ; and where any such direction has effect in relation to an option notice, the provisions of subsections (5) and (6) of section 24B of this Act shall apply as if the reference therein to the residence condition were a reference to such a condition as may be so specified ".

• (6) After subsection (5) of that section there shall be inserted the following subsection:—

(5A) In the case of an option notice to which a direction under subsection (5) of this section applies, paragraph (c) of subsection (3) of this section shall have effect as if for the words from " before the expiry " to " to be occupied " there were substituted the words " the land in question is being and will continue to be used wholly or partly for the purposes of a dwelling occupied

.

2

After section 24 there shall be inserted the following sections:—

(24A) (1) In relation to a loan in respect of which an option notice has been signed (in this section referred to as " the relevant loan ") the appropriate limit referred to in paragraph (c) of subsection (3) of section 24 of this Act is £25,000 reduced by the amount or, as the case may require, the aggregate amount outstanding by way of capital on the date referred to in paragraph (b) of that subsection in respect of every loan— (a) the whole or any part of the interest on which is payable (whether alone or jointly with any other person) by the borrower who signed the declaration under the said paragraph (c) or, in the case of joint borrowers, by any of the borrowers who signed that declaration or, where that borrower or any of those joint borrowers is married and is not treated for income tax purposes as living apart from his spouse, that spouse; and (b) which falls to be taken into account by virtue of subsection (2) below and is not to be disregarded by virtue of subsection (4) below. (2) Subject to subsections (3) and (4) below, a loan falls to be taken into account under subsection (1) above if— (a) it is a loan in respect of which an option notice for the time being has effect; or (b) it is a loan to which Part I of Schedule 9 to the Finance Act 1972 (loans for purchase or improvement of land on which interest is eligible for relief in full) for the time being applies (either in respect of the whole loan or subject to any limit of amount), and the land or caravan referred to in that Part is not used in such circumstances that it falls within paragraph 4(1)(b) of Schedule 1 to the Finance Act 1974 (commercial lettings). (3) Without prejudice to section 34(2) of this Act, the reference in subsection (2)(b) above to Schedule 9 to the Finance Act 1972 is a reference to that Schedule either as amended by Schedule 1 to the Finance Act 1974 (restrictions on relief for interest) or (if interest on the loan is excepted from section 19(3) of that Act) as originally enacted ; and in the case of a loan to which the said Schedule 9 applies as originally enacted, the reference in subsection (2)(b) above to the use of land or a caravan in circumstances falling within paragraph 4(1)(b) of the said Schedule 1 shall be construed as a reference to use which would fall within that paragraph if that Schedule applied in relation to interest on the loan in question. (4) Notwithstanding anything in subsection (2) above, a loan (in this subsection referred to as a " previous loan ") which falls within paragraph (a) or paragraph (b) of that subsection shall be disregarded in determining the appropriate limit in relation to the relevant loan if— (a) the relevant loan is made with a view to the repayment by means of the relevant loan of the amount outstanding on the previous loan ; or (b) the previous loan is an existing loan which is specified in a declaration made for the purpose of satisfying, in relation to the relevant loan, the condition in section 24(3)(d) of this Act; or (c) the previous loan was in connection with the only or main residence of a person who is, or is a qualifying relative of, the borrower or any of the joint borrowers under the relevant loan and the relevant loan is made for or in connection with any one or more of the purposes specified in section 24(1)(b) of this Act in such circumstances that the dwelling referred to in that section is to be used instead as that person's only or main residence. (5) In any case where the option notice in respect of the relevant loan is one to which a direction under section 24(5) of this Act applies, the preceding provisions of this section shall have effect subject to such modifications as may be prescribed. (24B) (1) For the purposes of this Part of this Act, the residence condition is fulfilled with respect to a dwelling to which a declaration under section 24(3)(c) of this Act relates if and so long as— (a) the dwelling is occupied wholly or partly as his only or main residence by the borrower himself or, in the case of joint borrowers, by each of them ; or (b) at any time when the borrower or any joint borrower does not occupy the dwelling as mentioned in paragraph (a) above, the dwelling is so occupied by a qualifying relative of his. (2) For the purposes of this Part of this Act a person is a qualifying relative of a borrower (or a joint borrower) if he or she is— (a) the borrower's spouse and is living apart from the borrower; (b) the borrower's former spouse ; (c) the mother of either the borrower or his spouse and is widowed or living apart from her husband or, in consequence of dissolution or annulment of marriage, is a single woman; or (d) such a relative of the borrower or his spouse as is specified in subsection (3) below and is either over the age of 65 or incapacitated by infirmity from maintaining himself, in whole or in part. (3) The relatives referred to in subsection (2)(d) above are— (a) a parent or grandparent; (b) a brother or sister who is over the age of 16; and (c) a child or grandchild (in either case whether legitimate, adopted or illegitimate) who is over the age of 16. (4) A person shall be treated for the purposes of this section as living apart from his or her spouse if he or she would be so treated for income tax purposes. (5) If, after the delivery of a declaration under paragraph (c) of subsection (3) of section 24 of this Act (other than a declaration delivered in respect of an option notice to which a direction under subsection (5) of that section applies), the residence condition is not, within the period of 12 months specified in that paragraph, fulfilled with respect to the dwelling concerned, then, within the period of one month beginning on the day following the expiry of that period of 12 months, the borrower or, in the case of joint borrowers, each of them shall notify the lender in writing to that effect. (6) If, at any time after— (a) the delivery of a declaration under paragraph (c) of section 24(3) of this Act, and (b) the residence condition has been fulfilled with respect to the dwelling concerned, the residence condition ceases to be so fulfilled, then, within the period of one month beginning on the date on which that condition first ceased to be so fulfilled, the borrower or, in the case of joint borrowers, each of them shall notify the lender in writing of the date on which the condition ceased, and of the fact that it has ceased, to be so fulfilled. (7) Any person who knowingly fails to notify the lender as required by subsection (5) or subsection (6) above shall, on conviction on indictment, be liable to imprisonment for a term not exceeding 2 years

.

3

• (1) In section 26 (extension of right to opt for subsidy to certain other cases) in subsection (2)(b) after the words " this section " there shall be inserted the words " and to such modifications as may be prescribed ".

• (2) After subsection (4) of that section there shall be inserted the following subsection:—

(4A) In relation to a case where a self-build society, within the meaning of Part I of the Housing Act 1974, which is for the time being approved for the purposes of section 341A of the Income and Corporation Taxes Act 1970 borrows or has borrowed from a qualifying lender on the security of a freehold or leasehold estate of that society in Great Britain, the Secretary of State shall by regulations provide that this Part of this Act shall have effect with such adaptations and modifications of the provisions thereof (other than section 24(2)(b) and (c)), appearing to him to be appropriate or expedient, and subject to such special conditions appearing to him to be necessary or expedient, as may be prescribed by the regulations ; and in relation to such a society, the said section 24(2)(b) shall have effect as if— (a) the reference therein to the Income Tax Acts included a reference to the Corporation Tax Acts ; and (b) in sub-paragraph (ii) thereof, for the reference to income tax there were substituted a reference to corporation tax.

4

In subsection (1) of section 27 (qualifying lenders) at the end of paragraph (e) there shall be inserted the following paragraph:—

(f) the Housing Corporation

;

and the words from " and for the purposes " to the end of the subsection shall be omitted.

5

• (1) In paragraph (a) of subsection (1) of section 28 (calculation of the aggregate amount which, apart from Part II of the Housing Subsidies Act 1967, would have become due from the borrower) after the words " the aggregate sum which " there shall be inserted the words " taking account of subsection (1A) of this section but otherwise ".

• (2) After subsection (1) of that section there shall be inserted the following subsection:—

(1A) In any case where, under the terms of a repayment contract (as originally entered into or as subsequently varied) the amount due from the borrower for any period by way of interest under the repayment contract is less than the total of the interest which accrues in respect of that period so that part of the interest is treated as an addition to the capital outstanding or is otherwise carried forward then, for the purpose of determining the aggregate amount of the subsidy in respect of the loan, there shall be treated as becoming due from the borrower in any period the whole of the interest which accrues in that period.

6

After section 28 there shall be inserted the following section:—

(28A) (1) If a declaration under paragraph (c) or paragraph (d) of subsection (3) of section 24 of this Act is false in a material particular, the Secretary of State may recover from the borrower or, as the case may be, jointly and severally from the borrowers an amount equal to the total of the payments received by the lender by virtue of subsection (2)(a)(ii) of that section in relation to the loan in respect of which the declaration was made. (2) If, in a case where subsection (5) of section 24B of this Act applies, the lender does not receive a notification under that subsection, the Secretary of State may recover from the borrower or, as the case may be, jointly and severally from the borrowers, an amount equal to the total of the payments received by the lender as mentioned in subsection (1) above after the expiry of the period of 2 months beginning on the day following the expiry of the period of 12 months specified in the said subsection (5). (3) If, in a case where subsection (6) of section 24B of this Act applies, the lender does not receive a notification under that subsection, the Secretary of State may recover from the borrower or, as the case may be, jointly and severally from the borrowers, an amount equal to the total of the payments received by the lender as mentioned in subsection (1) above after the expiry of the period of 2 months beginning with the date on which the condition specified in the said subsection (6) first ceased to be fulfilled.

7

At the end of section 32(1) (interpretation) there shall be inserted the following definition:—

• ' prescribed ' means prescribed by regulations made by statutory instrument by the Secretary of State ; and a statutory instrument containing any such regulations shall be subject to annulment in pursuance of a resolution of either House of Parliament

.

SCHEDULE 12

1

After section 90(1) there shall be inserted:—

(1A) A qualified accountant shall have a right of access to such accounts, receipts and other documents, and shall be entitled to require from the landlord such information and explanation, as appear to him to be necessary to enable him to decide whether to give a certificate under subsection (1) above.

2

After section 90(10) there shall be inserted:—

(10A) Where an offence under subsection (10) above 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, a 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 guilty of that offence and be liable to be proceeded against and punished accordingly. (10B) Where the affairs of a body corporate are managed by its members, subsection (10A) above shall apply in relation to the acts and defaults of a member in connection with his functions of management as if he were a director of the body corporate.

3

In section 90(12):—

• (a) in the definition of " landlord ", after that word there shall be inserted " includes any person who has a right to enforce payment of a service charge, and also ";

• (b) in the definition of " qualified accountant ", after " excludes " there shall be inserted " any person mentioned in subsection (12A) below, and also ".

4

After section 90(12) there shall be inserted:—

(12A) None of the following persons is a qualified accountant— (a) an officer or employee of the landlord or, where the landlord is a company, of a company which is the landlord's holding company or subsidiary, or a subsidiary of the landlord's holding company ; (b) a person who is a partner or employee of any such officer or employee ; and in this subsection " holding company " and " subsidiary " have the meanings given to them by section 154 of the Companies Act 1948.

5

Paragraph 2 above shall not have effect in relation to an offence committed before the coming into operation of section 124 of this Act and paragraphs 3 and 4 above shall not have effect in relation to an accounting year (within the meaning of section 90(12) of the Housing Finance Act 1972) ending before 1st August 1974.

SCHEDULE 13

The Sheriff Courts (Scotland) Act 1907

1

In the Sheriff Courts (Scotland) Act 1907, after section 38 there shall be inserted the following section—

(38A) Any notice of termination of tenancy or notice of removal given under section 37 or 38 above in respect of a dwelling-house, on or after the date of the coming into operation of section 123 of the Housing Act 1974, shall be in writing and shall contain such information as may be prescribed by virtue of section 131 of the Rent (Scotland) Act 1971, and Rule 112 of Schedule 1 to this Act shall no longer apply to any such notice under section 37 above.

The Magistrates' Courts Act 1952

2

In Schedule 1 to the Magistrates' Courts Act 1952 (indictable offences by adults which may be dealt with summarily with consent of accused) the following paragraph shall be inserted after paragraph 14:—

(14A) Offences under section 24B(7) of the Housing Subsidies Act 1967

.

The Housing Act 1957

3

In section 70 of the Housing Act 1957 (provisions as to re-development, improvement or structural alteration by owners not to have effect in certain cases) in subsection (1) for the words from " clearance order " to " so confirmed " there shall be substituted the words " compulsory purchase order confirmed by the Minister ".

4

In section 105 of that Act (local authority's powers of dealing with land acquired for provision of housing accommodation) after subsection (4) there shall be inserted the following subsection:—

(4A) Where a local authority acquire a house or building which may be made suitable as a house (or an estate or interest therein) and, in the case of such a building, themselves carry out any necessary work as mentioned in the last foregoing subsection, they shall, as soon as practicable after the acquisition or, as the case may be, after the completion of the necessary work, secure that the house or building is used as housing accommodation.

5

Section 121 of that Act (arrangements with housing associations for improvement of housing) shall cease to have effect, but without prejudice to the continuation of any arrangements made before the day appointed for the coming into operation of this paragraph.

6

In section 189(1) of that Act, in the definition of " housing association" after the words " those of" there shall be inserted the word " providing " and after the word " houses " there shall be inserted the words " or hostels, as defined in section 129(1) of the Housing Act 1974 ".

7

In Schedule 2 to that Act (payments in respect of unfit houses) in the proviso to paragraph 4(4) for the words " demolition or closing order or clearance order" there shall be substituted the words " or demolition or closing order " and in paragraph 5(1)(b) for the words " closing order or clearance order" there shall be substituted the words " or closing order ".

The Land Compensation Act 1961

8

• (1) In Schedule 2 to the Land Compensation Act 1961 (acquisition of houses as being unfit for human habitation) in sub-paragraph (2) of paragraph 2 (application of certain provisions of Housing Act 1957) for the words " sections sixty and sixty-one of that Act, and " there shall be substituted the words " section 61 of that Act, and Part II of " and for the words "that Schedule" there shall be substituted the words " that Part of that Schedule ".

• (2) After the said sub-paragraph (2) there shall be inserted the following sub-paragraphs:—

(2A) Where the local authority make and submit an order under sub-paragraph (2) of this paragraph in relation to a house, the provisions of section 60 of the Act of 1957 and Part I of Schedule 2 thereto shall apply, subject to sub-paragraph (2B) of this paragraph, as if— (a) the house had been made the subject of a compulsory purchase order under Part III of that Act as being unfit for human habitation ; and (b) any reference in those provisions to a local authority, other than a provision requiring, or enabling the Secretary of State to direct, a local authority to make a payment, were a reference to the appropriate local authority. (2B) In the application of section 60 of the Act of 1957 by virtue of sub-paragraph (2A) of this paragraph— (a) for the reference in subsection (1) to a notice under paragraph 2(1)(b) of Schedule 3 or, as the case may be, paragraph 3(1)(b) of Schedule 5 to that Act there shall be substituted a reference to a notice under sub-paragraph (3) of this paragraph ; (b) in so far as any provision of subsection (1C) or subsection (1D) of that section requires, or enables the Secretary of State to direct, a local authority to make a payment, the reference to a local authority shall be construed as a reference to the acquiring authority; (c) the reference in subsection (1C) of that section to the compulsory purchase order being confirmed by the Secretary of State shall be construed as a reference to the condition in either paragraph (a) or paragraph (b) of sub-paragraph (2) of this paragraph being fulfilled ; and (d) for the reference in subsection (1D)(b) of that section to the compulsory purchase order or clearance order concerned there shall be substituted a reference to the order under sub-paragraph (2) of this paragraph.

• (3) The amendments effected by sub-paragraphs (1) and (2) above shall have effect with respect to orders under paragraph 2(2) of Schedule 2 to the Land Compensation Act 1961 made on or after the day on which section 108 of this Act comes into operation.

The Landlord and Tenant Act 1962

9

At the end of section 6 of the Landlord and Tenant Act 1962 (interpretation) there shall be added the following subsection:—

(2) Any reference in section 2(1)(a) or section 3(1) of this Act to a person's address is a reference to his place of abode or his place of business or, in the case of a company, its registered office.

The Housing Act 1964

10

• (1) In section 5(1) of the Housing Act 1964 (schemes for Corporation to provide housing accommodation in place of housing society) after the words " housing society ", in the first place where they occur, there shall be inserted the words " which is not a registered housing association, within the meaning of the Housing Act 1974, and to which a loan has been made under section 2 of this Act before the operative date ".

• (2) In section 8 of that Act (building society advances to housing societies to which Corporation have made loans) for the words " housing society" or " housing societies", in each place where they occur, there shall be substituted respectively the words " housing association " or " housing associations ".

• (3) In section 10(4) of that Act (account to be prepared of certain sums advanced to and repaid by the Corporation) after the words "this Act" there shall be inserted the words " or Part I of the Housing Act 1974 ".

• (4) In subsection (1) of section 11 of that Act (power of Corporation to authorise Scottish Special Housing Association to act in Scotland as Corporation's agents for certain purposes) the words " section 3 " and " section 6 " shall be omitted and at the end of that subsection there shall be added the words " or under section 3(1), section 4 or section 5 of the Housing Act 1974 ".

• (5) Section 72 of that Act (restriction on recovery of possession after making of compulsory purchase order) shall be amended as follows:—

• (a) in subsection (1) in the definition of " the relevant period " the words " of twelve months", in each case where they occur, shall be omitted and after the words " making of the said order " there shall be inserted the words " and ending on the third anniversary of the date on which the order becomes operative ";

• (b) in subsection (2) in paragraph (a) for the words from " not exceeding" to " said compulsory purchase order" there shall be substituted the words " not extending beyond the end of the period of three years beginning on the relevant date " and in paragraph (b) for the words " twelve months " there shall be substituted the words " three years "; and

• (c) after subsection (2) there shall be inserted the following subsection:—

(2A) for the purposes of subsection (2) above " the relevant date " means— (a) if the compulsory purchase order concerned has become operative before the date on which the court exercises its power under that subsection, the date on which the order became operative; and (b) in any other case the date on which the court exercises or, as the case may be, exercised its power under paragraph (a) of that subsection in relation to the order for possession in question.

The Housing (Slum Clearance Compensation) Act 1965

11

In section 2 of the Housing (Slum Clearance Compensation) Act 1965 (money borrowed by owner-occupier to purchase unfit house or on security of an unfit house) in subsection (2) for the words " closing order or clearance order " there shall be substituted the words " or closing order ".

The Housing (Scotland) Act 1966

12

In section 135 of the Housing (Scotland) Act 1966, the same amendments shall be made as are set out in paragraph 10(5) above with the substitution for the reference to an order for possession of a reference to a decree of removing or warrant of ejection or other like order.

13

Sections 153 to 155 and 159 of the Housing (Scotland) Act 1966 shall cease to have effect.

14

In section. 175 of that Act (compulsory purchase of land by Scottish Special Housing Association) in subsection (2) (power of Association to acquire land compulsorily for selling it or leasing it to' a housing society) for the words from " section 4(1) of the Housing Act 1964 " to the end of the subsection there shall be substituted the words " section 3(5) of the Housing Act 1974, acquire land compulsorily " and in subsection (3) (application of Acquisition of Land (Authorisation Procedure) (Scotland) Act 1947) after the word " and ", in the second place where it occurs, there shall be inserted the words " in relation to the exercise of the Association's powers under subsection (1) of this section ".

15

In section 208(1) of that Act, in the definition of "housing association" after the words " those of" there shall be inserted the word " providing " and after the words " housing accommodation " there shall be inserted the words " including hostels, as defined in section 21(4) of the Housing (Financial Provisions) (Scotland) Act 1968 ".

The Rent Act 1968

16

In section 5(6) of the Rent Act 1968 (conditions for a housing association tenancy to be excluded from that Act) after paragraph (cc) there shall be inserted the following paragraph:—

(cc) that the dwelling was comprised in a housing project approved for the purposes of section 29 of the Housing Act 1974

.

17

• (1) la section 57 of that Act (grant-aided improvements, etc.) in paragraph (a) of subsection (1) (amount of certain grants to be disregarded in increasing rent limit) after the words" (improvement grants and standard grants)" there shall be inserted the words " section 61 or section 65 of the Housing Act 1974 (improvement grants and intermediate grants) ".

• (2) In subsection (2) of that section (amount of certain grants obtainable but not obtained to be disregarded in increasing rent limit) after the words " the Housing Act 1964" there shall be inserted the words " or an improvement notice within the meaning of Part VIII of the Housing Act 1974 ", for the words " that Part of that Act" there shall be substituted the words " either of those Parts ", after the words " the Housing Act 1969 " there shall be inserted the words " or an intermediate grant under section 65 of the Housing Act 1974 " and after the words " the standard grant" there shall be inserted the words " or intermediate grant ".

The Housing (Financial Provisions) (Scotland) Act 1968

18

• (1) Sections 16 and 17 of the Housing (Financial Provisions) (Scotland) Act 1968 shall cease to have effect.

• (2) In section 18(1) of that Act (local authority to furnish certain particulars to Secretary of State for purpose of determining the amount of certain Exchequer contributions) the words from "or any such " to " section 16 of this Act" and the words " or arrangements " shall be omitted.

The Housing Act 1969

19

In section 69 of the Housing Act 1969 (repayment of certain payments made under the Housing Act 1957 or that Act), for the words " closing order or clearance order " there shall be substituted the words " or closing order ".

20

• (1) In section 75 of that Act (power of local authority to carry out works of improvement by agreement with and at expense of owner, etc.) in subsection (1) for the words " Part I of this Act", in the first place where they occur, there shall be substituted the words " Part VII of the Housing Act 1974 " and for the words " Part I of this Act", in the second place where they occur, there shall be substituted the words " that Part ".

• (2) In subsection (2) of that section, paragraph (b) shall be omitted and, in paragraph (c), for the words " section 27 of this Act " there shall be substituted the words " section 84 of the Housing Act 1974 ".

21

In Schedule 5 to that Act (payments to owner-occupiers and others in respect of unfit houses purchased or demolished) in paragraph 1(1) for the words " a closing order under section 17 of that Act or a clearance order " there shall be substituted the words " or a closing order under section 17 of that Act ".

The Rent (Scotland) Act 1971

22

In section 5(5) of the Rent (Scotland) Act 1971 (conditions for a housing association tenancy to be excluded from that Act) after paragraph (f) there shall be inserted the following paragraph:—

(g) that the dwelling-house was comprised in a housing project approved for the purposes of section 29 of the Housing Act 1974

.

The Housing (Financial Provisions) (Scotland) Act 1972

23

• (1) In section 23(3)(a) of the Housing (Financial Provisions) (Scotland) Act 1972 (certain buildings not to be included among those in respect of which local authority are required to keep a housing revenue account) after the words " the Act of 1968" there shall be inserted the words " or section 107 of the Housing Act 1974 ".

• (2) In section 52 of that Act (the basic residual subsidy), at the beginning of subsection (8) (the withdrawal factor for years subsequent to 1972-73) there shall be inserted the words " Subject to subsection (9) below " and after that subsection there shall be added the following subsection:—

(9) For the year 1974-75, the withdrawal factor is zero.

.

• (3) In section 53 of that Act (the special residual subsidy), at the beginning of subsection (9) (the reduction factor for houses completed during any specified year) there shall be inserted the words " Subject to subsection (10) below " and after that subsection there shall be added the following subsection:—

(10) For the purposes of subsections (6)(b) and (7) above the reduction factor for houses completed during the year 1972-73 or, as the case may be, 1973-74 is zero.

• (4) In sections 54(1) and 55(12) of that Act (power of Secretary of State to modify basis of calculation of certain subsidies where a housing association's income for any year will be inadequate to meet the expenditure which it would be reasonable for them to incur in that year in exercise of their housing functions) after the words " will be " there shall be inserted the words " or was " and after the words "would be" there shall be inserted the words " or, as the case may be, was ".

• (5) In section 61(2) of that Act (rents to be registrable under Part IV of the Rent (Scotland) Act 1971) after the words " the Act of 1971 " there shall be inserted the words " (and no other provisions of that Act) shall apply to a tenancy to which the said sections 60 to 66 apply and in their application to such tenancies ".

• (6) After subsection (3) of section 62 of that Act (rent limit where no rent is registered) there shall be inserted the following subsection—

(3A) The reference in paragraph (b) of subsection (3) above to another tenancy includes, in addition to a tenancy to which sections 62 to 66 of this Act apply, a regulated tenancy within the meaning of the Act of 1971— (a) which subsisted at any time after the operative date, within the meaning of the Housing Act 1974 ; and (b) under which, immediately before it came to an end, the interest of the landlord belonged to a housing association

.

• (7) In section 66 of that Act (increase of rent without notice to quit) the reference to a housing association shall, on and after the operative date, be construed as not extending to an unregistered housing association unless the provisions of section 18(1)(b) or (c) of this Act apply to that association.

The Housing Finance Act 1972

24

In the Housing Finance Act 1972 (in this Schedule referred to as " the 1972 Act"), in paragraph (e) of section 12(1) (with the consent of the Secretary of State, a local authority may include in their Housing Revenue Account income and expenditure in respect of houses and buildings not specifically referred to in paragraphs (a) to (d) of that section) after the word " such " there shall be inserted the word " land " and at the end of that paragraph there shall be added the words " and any consent given by the Secretary of State for the purposes of this paragraph may be given either generally to local authorities or to any local authority or description of local authority or in any particular case ".

25

• (1) In section 28 of the 1972 Act (application for qualification certificate) in subsection (1) (application may be combined with application for a grant under Part I of the Housing Act 1969) for the words " Part I of the Housing Act 1969 " there shall be substituted the words " Part VII of the Housing Act 1974 ".

• (2) In subsection (4) of that section (local authority need not serve notice on tenant where they approved an application for a grant under section 2(1) or section 9(1) of the Housing Act 1969 and work has been carried out) after the words " section 2(1) or section 9(1) of the Housing Act 1969 " there shall be inserted the words " or section 61(1) or section 65(1) of the Housing Act 1974 ".

26

• (1) In section 33 of the 1972 Act (if one of two conditions is satisfied, county court may by order empower landlord to carry out certain works to which tenant does not consent) in subsection (2)(a) (one of the conditions is that the works were specified in an application for a grant under Part I of the Housing Act 1969 and the application has been approved) after the words "Part I of the Housing Act 1969 " there shall be inserted the words " or Part VII of the Housing Act 1974 ".

• (2) At the end of subsection (3) of that section (order under subsection (1) may impose conditions as to time for carrying out works) there shall be added the words " or section 82(1) of the Housing Act 1974 ".

27

In section 34(3) of the 1972 Act (definitions for purposes of Part III of the Act: " standard amenities " has the meaning assigned to it by section 7 of the Housing Act 1969) for the words " section 7 of the Housing Act 1969" there shall be substituted the words " section 58 of the Housing Act 1974 ".

28

In section 38(2) of the 1972 Act (section 25(1) of the Rent Act 1968, which provides for increase in recoverable rent for improvements, not to apply to improvements with respect to which a grant under Part I of the Housing Act 1969 is payable or has been paid) after the words " Part I of the Housing Act 1969 " there shall be inserted the words " or Part VII of the Housing Act 1974 ".

29

In section 45 of the 1972 Act (protection of tenant with security of tenure where grant-aided improvement is carried out) in subsection (1) after the words "Part I of the Housing Act 1969 " there shall be inserted the words " or Part VII of the Housing Act 1974 ".

30

In section 72 of the 1972 Act (the basic residual subsidy) at the beginning of subsection (9) (the withdrawal factor for years subsequent to 1972-73) there shall be inserted the words " Subject to subsection (10) below and after that subsection there shall be added the following subsection:—"

(10) For the year 1974-75, the withdrawal factor is zero

.

31

In section 73 of the 1972 Act (the special residual subsidy) at the beginning of subsection (7) (the reduction factor for dwellings completed during any specified year) there shall be inserted the words " Subject to subsection (8) below and after that subsection there shall be added the following subsection:—"

(8) For the purposes of subsections (4)(b) and (5) above, the reduction factor for dwellings completed during the year 1972-73 or, as the case may be, 1973-74 is zero

.

32

In sections 74(1) and 75(12) of the 1972 Act (power of Secretary of State to modify basis of calculation of certain subsidies where a housing association's income for any year will be inadequate to meet the expenditure which it would be reasonable for them to incur in that year in exercise of their housing functions) after the words " will be " there shall be inserted the words " or was " and after the words " would be " there shall be inserted the words " or, as the case may be, was ".

33

• (1) In subsection (2) of section 82 of the 1972 Act (application of certain provisions of Part IV of Rent Act 1968 in relation to tenances to which Part VIII of the 1972 Act applies),—

• (a) after the words " the following" there shall be inserted the words " and no other "; and

• (b) after the word " shall" there shall be inserted the words " apply in relation to tenancies to which this Part of this Act applies, and in their application to such tenancies shall ".

• (2) If, pursuant to an application by a local authority under section 44A of the Rent Act 1968, a rent has, at any time before the appointed day, been registered in the part of the register under Part IV of that Act which is provided for by subsection (1) of section 82 of the 1972 Act, that registration—

• (a) shall be as valid as if section 44A of the Rent Act 1968 had, before the appointed day, been specified in subsection (2) of section 82 of the 1972 Act; and

• (b) shall be treated on and after the appointed day as if it had been effected pursuant to an application under section 44 of the Rent Act 1968.

• (3) In this paragraph "the appointed day" means the day appointed for the coming into operation of this paragraph.

34

After subsection (3) of section 83 of the 1972 Act (rent limit where no rent is registered) there shall be inserted the following subsection—

(3A) The reference in paragraph (b) of subsection (3) above to another tenancy includes, in addition to a tenancy to which this Part of this Act applies, a regulated tenancy, within the meaning of the Rent Act 1968— (a) which subsisted at any time after the operative date, within the meaning of the Housing Act 1974 ; and (b) under which, immediately before it came to an end, the interest of the landlord belonged to a housing association

.

35

• (1) In section 91(1) of the 1972 Act (exceptions from duty to give information about service charges) at the end of paragraph (d) there shall be added the words " which either is registered under section 13 of the Housing Act 1974 or falls within any of paragraphs (a) to (c) of section 18(1) of that Act. "

• (2) This paragraph shall come into operation on the operative date.

36

In Schedule 1 to the 1972 Act (the Housing Revenue Account) in paragraph (d) of paragraph 1(1) (amounts to be carried to the credit of the account to include contributions towards costs of improvements and conversions) the word " or " at the end of sub-paragraph (iii) shall be omitted and, after sub-paragraph (iv), there shall be inserted the words

or (v) section 79 of the Housing Act 1974

.

37

In Schedule 6 to the 1972 Act (restriction on rent increases) in paragraph 1(1) and, in paragraph 2, in Case F in the Table, after the words "Part I of the Housing Act 1969 " there shall be inserted the words " or Part VII of the Housing Act 1974 ".

The Land Compensation Act 1973

38

• (1) In the Land Compensation Act 1973 (in this Schedule referred to as "the 1973 Act"), in section 29 (right to home loss payment where person displaced from dwelling) subsection (1) shall be amended as follows:—

• (a) at the end of paragraph (b) there shall be added the words " or the service of an improvement notice, within the meaning of Part VIII of the Housing Act 1974, in respect of the dwelling ";