Housing Act 1974

• (b) in paragraph (c) after the words " the carrying out of " there shall be inserted the words " any improvement to the dwelling or of " and at the end of that paragraph there shall be added the following paragraph:—

(d) where the land has previously been acquired by a registered housing association, within the meaning of the Housing Act 1974, or by an unregistered housing association which falls within section 18(1)(a) of that Act, the carrying out by that association of any improvement to the dwelling or of redevelopment on the land

; and

• (c) for the words from " the acquiring authority" to the end of the subsection there shall be substituted the following paragraphs:—

(i) where paragraph (a) above applies, the acquiring authority; (ii) where paragraph (b) above applies, the authority who made the order, passed the resolution, accepted the undertaking or served the notice ; (iii) where paragraph (c) above applies, the authority carrying out the improvement or redevelopment; and (iv) where paragraph (d) above applies, the housing association carrying out the improvement or redevelopment.

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

(3A) For the purposes of this section a person shall not be treated as displaced from a dwelling in consequence of the acceptance of an undertaking, of the service of such an improvement notice as is mentioned in subsection (1)(b) above or of the carrying out of any improvement to the dwelling unless he is permanently displaced from it in consequence of the carrying out of the works specified in the undertaking or notice or, as the case may be, of the improvement in question

.

• (3) In subsection (7) of that section for the words "or section 15(4)(i) of the said Act of 1966 " there shall be substituted the words " secton 15(4)(i) of the said Act of 1966 or section 87 of the Housing Act 1974 " , the words "and 'redevelopment' includes a change of use " shall be omitted and at the end of that subsection there shall be inserted the following subsection:—

(7A) In this section— - ' improvement ' includes alteration and enlargement; and ' redevelopment' includes a change of use.

39

• (1) In section 37 of the 1973 Act (disturbance payments for persons without compensatable interests) subsection (1) shall be amended—

• (a) by adding, at the end of paragraph (b), the words " or the service of an improvement notice, within the meaning of Part VIII of the Housing Act 1974, in respect of a house on the land ";

• (b) by inserting, in paragraph (c), after the words " the carrying out of " the words " any improvement to a house or building on the land or of " ;

• (c) by adding, at the end of paragraph (c) the following paragraph:—

(d) where the land has previously been acquired by a registered housing association, within the meaning of the Housing Act 1974, or by an unregistered housing association which falls within section 18(1)(a) of that Act, the carrying out by that association of any improvement to a house or building on the land or of redevelopment on that land

; and

• (d) by making the like amendments as are specified, in relation to section 29(1) of that Act, in paragraph 38(1)(c) above.

• (2) Subsection (3) of that section shall be amended as follows:—

• (a) for the words "or redevelopment as is mentioned in paragraph (a) or (c)" there shall be substituted the words " improvement or redevelopment as is mentioned in paragraph (a), (c) or (d) ";

• (b) for the words " or undertaking " there shall be substituted the words " undertaking or improvement notice ";

• (c) for the words " or the undertaking was accepted" there shall be substituted the words " the undertaking was accepted or the notice was served ".

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

(3A) For the purposes of subsection (1) above a person shall not be treated as displaced in consequence of the acceptance of an undertaking, of the service of such an improvement notice as is mentioned in paragraph (b) of that subsection or of the carrying out of any improvement to a house or building unless he is permanently displaced in consequence of the carrying out of the works specified in the undertaking or notice or, as the case may be, of the improvement in question.

• (4) In subsection (9) of that section after the word " undertaking " there shall be inserted the word " ' improvement' ".

40

• (1) In section 39 of the 1973 Act (duty to rehouse residential occupiers) in paragraph (c) of subsection (1) after the words " the carrying out of " there shall be inserted the words " any improvement to a house or building on the land or of " and at the end of that paragraph there shall be added the following paragraph:—

(d) the service of an improvement notice, within the meaning of Part VIII of the Housing Act 1974, in respect of premises in which that accommodation is situated

.

• (2) In subsection (3) of that section after the word "demolition " there shall be added the words " or improvement ".

• (3) In subsection (6) of that section after the words " such acquisition " there shall be inserted the word " improvement ", after the words " paragraph (b) of that subsection " there shall be inserted the words " or of such an improvement notice as is mentioned in paragraph (d) of that subsection " and for the words " or the undertaking was accepted" there shall be substituted the words " the undertaking was accepted or the notice was served ".

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

(6A) For the purposes of subsection (1) above a person shall not be treated as displaced in consequence of the acceptance of an undertaking, of the carrying out of any improvement to a house or building or of the service of such an improvement notice as is mentioned in paragraph (d) of that subsection unless he is permanently displaced from the residential accommodation in question in consequence of the carrying out of the works specified in the undertaking, the carrying out of the improvement or, as the case may be, the carrying out of the works specified in the notice.

• (5) In subsection (7) of that section for the words " subsection (8)" there shall be substituted the words " subsections (8) and (8A) ".

• (6) After subsection (8) there shall be inserted the following subsection:—

(8A) In a case where subsection (1) above applies in consequence of the acceptance of an undertaking under section 87 of the Housing Act 1974 or the service of an improvement notice within the meaning of Part VIII of that Act, the relevant authority for the purposes of this section is the authority which is the local authority, within the meaning of Part VII of that Act, in relation to the premises in which the residential accommodation is situated

.

• (7) In subsection (9) of that section after the word " undertaking " there shall be inserted the word " ' improvement' ".

41

• (1) In section 43 of the 1973 Act (power to defray expenses in connection with acquisition of new dwellings) in subsection (1),—

• (a) for the words " any such acquisition as is mentioned in section 39(1)(a) above ", there shall be substituted the words " any of the events specified in paragraphs (a) to (d) of section 39(1) above ; and

• (b) for the words " the acquiring authority" there shall be substituted the words " then, according to the nature of the event in consequence of which he was displaced, the acquiring authority, the authority who made the order, passed the resolution, accepted the undertaking or served the notice or the authority carrying out the improvement or redevelopment ".

• (2) In subsection (4) of that section for the words " and (6)" there shall be substituted the words " (6) and (6A) " and for the words " subsection (1)(a)" there shall be substituted the words " any provision of subsection (1) ".

The Land Compensation (Scotland) Act 1973

42

• (1) In section 27 of the Land Compensation (Scotland) Act 1973 (right to home loss payment where person displaced from dwelling), subsection (1) shall be amended as follows:—

• (a) in paragraph (c) after the words " the carrying out of" there shall be inserted the words " any improvement to the dwelling or of " and at the end of that paragraph there shall be added the following paragraph:—

(d) where the land has previously been acquired by a registered housing association, within the meaning of the Housing Act 1974, the carrying out by that association of any improvement to the dwelling or of redevelopment on the land

; and

• (b) for the words from "the acquiring authority" to the end of the subsection there shall be substituted the following paragraphs:—

(i) where paragraph (a) above applies, the acquiring authority; (ii) where paragraph (b) above applies, the authority who made the order, passed the resolution or accepted the undertaking; (iii) where paragraph (c) above applies, the authority carrying out the improvement or redevelopment; and (iv) where paragraph (d) above applies, the housing association carrying out the improvement or redevelopment.

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

(3A) For the purposes of this section a person shall not be treated as displaced from a dwelling in consequence of the carrying out of any improvement to the dwelling unless he is permanently displaced from it in consequence of the carrying out of the improvement in question.

• (3) In subsection (7) of that section the words " and ' redevelopment ' includes a change of use " shall be omitted and at the end of that subsection there shall be inserted the following subsection:—

(7A) In this section - ' improvement ' includes alteration and enlargement; and ' redevelopment ' includes a change of use

.

43

• (1) In section 34 of that Act (disturbance payments for persons without compensatable interests), subsection (1) shall be amended—

• (a) by inserting, in paragraph (c), after the words " the carrying out of " , the words "any improvement to a house or building on the land or of " ;

• (b) by adding, at the end of paragraph (c), the following paragraph:—

(d) where the land has previously been acquired by a registered housing association, within the meaning of the Housing Act 1974, the carrying out by that association of any improvement to a house or building on the land or of redevelopment on that land

; and

• (c) by making the like amendments as are specified, in relation to section 27(1) of that Act, in paragraph 42(1)(b) above.

• (2) In subsection (3) of that section for the words " or redevelopment as is mentioned in paragraph (a) or (c)" there shall be substituted the words " improvement or redevelopment as is mentioned in paragraph (a), (c) or (d) ".

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

(3) For the purposes of subsection (1) above a person shall not be treated as displaced in consequence of the carrying out of any improvement to a house or building unless he is permanently displaced in consequence of the carrying out of the improvement in question

.

• (4) In subsection (8) of that section after the word " undertaking " there shall be inserted the word " ' improvement' ".

44

• (1) In section 36 of that Act (duty to rehouse residential occupiers) in paragraph (c) of subsection (1) after the words "the carrying out of " there shall be inserted the words " any improvement to a house or building on the land or of ".

• (2) In subsection (3) of that section after the word " demolition " there shall be added the words " or improvement ".

• (3) In subsection (6) of that section after the words " such acquisition " there shall be inserted the word " improvement ".

• (4) In subsection (9) of that section after the word " undertaking " there shall be inserted the word " ' improvement' ".

45

• (1) In section 40 of that Act (power to defray expenses in connection with acquisition of new dwellings) in subsection (1)—

• (a) for the words " any such acquisition as is mentioned in section 36(1)(a) above there shall be substituted the words " any of the events specified in paragraphs (a) to (c) of section 36(1) above "; and

• (b) for the words " the acquiring authority" there shall be substituted the words " then, according to the nature of the event in consequence of which he was displaced, the acquiring authority, the authority who made the order, passed the resolution or accepted the undertaking or the authority carrying out the improvement or re-development ".

• (2) In subsection (4) of that section for the words "subsection (1)(a) " there shall be substituted the words " any provision of subsection (1) ".

Local Government (Scotland) Act 1973

46

• (1) Section 131(3) shall cease to have effect.

• (2) In Schedule 12, in paragraph 6, in the substituted section 1 for the words " sections 152 and 153 " there shall be substituted the words " section 152 " ; and paragraph 11 shall be omitted.

SCHEDULE 14

Transitional provisions

1

Notwithstanding the repeals effected by this Act, in any case where—

• (a) the Housing Corporation have before the operative date made a loan under section 2 of the Housing Act 1964, and

• (b) under a mortgage or heritable security, entered into by the body to whom the loan was made, to secure the loan the Housing Corporation have an interest as mortgagee or, as the case may be, as creditor in any land belonging to that body,

then, whether or not that body becomes a registered housing association on or after the operative date, subsections (3) and (4) of that section, as amended by section 77(2) of the Housing Finance Act 1972, shall continue to apply in relation to that land as if those provisions had not been repealed.

2

In any case where—

• (a) before the operative date, the Corporation agreed to make a loan to a housing association under section 2 of the Housing Act 1964 but no such loan was made before the repeal of that section by this Act took effect, and

• (b) that loan was to be made for the purpose of assisting the association in connection with any of the matters specified in paragraphs (a) to (c) of subsection (4) of section 17 of this Act,

section 9 of this Act shall have effect as if subsection (1) of that section permitted the Corporation to make to the association, at a time when they are an unregistered association, a loan of the same amount and for the same purpose as the loan referred to in paragraphs (a) and (b) above.

3

Before the operative date, sections 36(4)(d) and 74(3) of this Act shall have effect as if the word " registered " in each place where it occurs, were omitted.

4

• (1) Without prejudice to section 99(2)(d) of this Act, no provisional notice or improvement notice may be served in respect of a dwelling before the operative date if the person having control of the dwelling is a housing association and the dwelling is a dwelling-house falling within any of paragraphs (a) to (d) of subsection (6) of section 5 of the Rent Act 1968 (tenancies of certain dwelling houses excluded from protection under that Act).

• (2) If, after a provisional notice or an improvement notice has been served in respect of any dwelling but before the operative date, a housing association becomes the person having control of the dwelling and, by virtue of sub-paragraph (1) above, no such notice could then be served in respect of the dwelling, any such notice with respect to the dwelling and any undertaking accepted under Part VIII of this Act with respect to the dwelling shall cease to have effect.

• (3) In this paragraph " provisional notice ", " improvement notice " and " person having control" have the same meanings as in Part VIII of this Act.

Savings

5

• (1) The repeal by this Act of sections 17 to 20 of the Housing Act 1969 shall not apply in any case where an application for an improvement contribution or a standard contribution has been approved before the day appointed for the coming into operation of that repeal.

• (2) In sub-paragraph (1) above " improvement contribution " and "standard contribution" have the same meanings as in sections 18 to 20 of the Housing Act 1969.

6

Subject to section 35(7) of this Act, the repeal by this Act of section 21 of the Housing Act 1969 or, as the case may be, section 16 or section 17 of the Housing (Financial Provisions) (Scotland) Act 1968 shall not affect the continued operation of that section in relation to any such arrangements as are referred to in subsection (1) of that section if, before the day appointed for the coming into operation of that repeal, approval has been given in accordance with subsection (2) of the said section 21 or, in Scotland, section 14 of the said Act of 1968 as applied by section 17(1)(ii) of that Act to the making and terms of those arrangements.

7

• (1) Subject to sub-paragraph (2) below, the repeal by this Act of any provision of Part I of the Housing Act 1969 shall not affect the continued operation of that Part in relation to any case where an application for a grant under that Part has been made (whether or not it has been approved) before the day appointed for the coming into operation of that repeal.

• (2) For the purpose of allowing an application for a grant under Part VII of this Act to be made notwithstanding that all or some of the works in respect of which that grant is to be sought were specified in an application, made before the day appointed as mentioned in sub-paragraph (1) above, for a grant under Part I of the Housing Act 1969, the local authority to whom that application was made shall allow it to be withdrawn (whether or not it has been approved) unless they are satisfied that the works specified in the application have been begun.

SCHEDULE 15