Legalize / United Kingdom / Public General Act

Housing and Building Control Act 1984

Type Public General Act

Publication 1984-06-26

State In force

Department Statute Law Database

Source legislation.gov.uk

articles Not indexed

(41B) (1) In this section— - ' heating authority ' means any of the following, namely a local authority, a development corporation, the Commission for the New Towns or the Development Board for Rural Wales, which— operates a generating station or other installation for producing heat; and supplies heat produced at that installation to any premises; - ' heating charge ' means an amount payable to a heating authority in respect of heat so produced and so supplied whether or not, in the case of heat supplied to premises let by the authority, it is payable as part of the rent; - ' heating costs ' means expenses incurred by a heating authority in operating a generating station or other installation for producing heat; and a secure tenant is one to whom this section applies if a heating authority supplies heat produced at such an installation to the dwelling-house of which he is such a tenant. (2) The Secretary of State may by regulations require heating authorities to adopt such methods for determining any heating charges payable by secure tenants to whom this section applies as will secure that the proportion of heating costs borne by each of those tenants is no greater than is reasonable. (3) The Secretary of State may by regulations make provision for entitling secure tenants to whom this section applies, subject to and in accordance with the regulations, to require the heating authorities concerned— (a) to furnish to them, in such form as may be prescribed by the regulations, such information as to heating charges and heating costs as may be so prescribed; and (b) where any such information has been so furnished, to afford them reasonable facilities for inspecting the accounts, receipts and other documents supporting the information and for taking copies or extracts from them. (4) Regulations under this section may make such procedural, incidental, supplementary and transitional provision as may appear to the Secretary of State to be necessary or expedient. (5) Without prejudice to the generality of subsection (4) above, regulations under this section may provide for any question arising under the regulations to be referred to and determined by the county court. (6) Any reference in this section to heat produced at an installation includes a reference to steam produced from, and air and water heated by, heat so produced.

Miscellaneous

Power to extend right to buy etc.

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(1) The Secretary of State may by order provide that, in cases falling within subsection (2) below, Part I of the 1980 Act and this Part of this Act shall have effect with such modifications as are specified in the order.

(2) The cases referred to in subsection (1) above are cases where there are in a dwelling-house let on a secure tenancy one or more interests to which this subsection applies; and this subsection applies to any interest which—

(a) is held by a body mentioned in section 18(3) above; and

(b) is immediately superior to the interest of the landlord or to another interest to which this subsection applies.

(3) An order under this section may make different provision with respect to different cases or descriptions of case and may contain such consequential, supplementary or transitional provisions as appear to the Secretary of State to be necessary or expedient.

(4) The power to make an order under this section shall be exercisable by statutory instrument which shall be subject to annulment in pursuance of a resolution of either House of Parliament

Dwelling-houses on public trust land.

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Where a dwelling-house let on a secure tenancy is land held—

(a) for the purposes of section 164 of the Public Health Act 1875 (pleasure grounds); or

(b) in accordance with section 10 of the Open Spaces Act 1906 (duty of local authority to maintain open spaces and burial grounds),

then, for the purpose of Chapter I of Part I of the 1980 Act and this part of this Act, the dwelling-house shall be deemed to be freed from any trust arising solely by virtue of its being land held in trust for enjoyment by the public in accordance with the said section 164 or, as the case may be, the said section 10.

Errors and omissions in notices.

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(1) A notice served by a tenant under Chapter I of Part I of the 1980 Act or this Part of this Act shall not be invalidated by any error in or omission from any particulars which are required by regulations under section 22 of that Act to be contained in the notice.

(2) Where as a result of any such error or omission—

(a) the landlord has mistakenly admitted or denied the right to buy in a notice under section 5(1) of the 1980 Act or the right to be granted a shared ownership lease in a notice under section 13(1) above; or

(b) the landlord or the Housing Corporation has formed a mistaken opinion as to any matter required to be stated in a notice by any of the provisions specified in sub-section (3) below and has stated that opinion in the notice,

the parties shall, as soon as practicable after they become aware of the mistake, take all such steps (whether by way of amending, withdrawing or re-serving any notice or extending any period or otherwise) as may be requisite for the purpose of securing that all parties are (as nearly as may be) in the same position as that in which they would have been if the mistake had not been made.

(3) The said provisions are—

(a) section 10(1)(a) of the 1980 Act (notice of purchase price);

(b) section 12(4)(a) of that Act (notice of mortgage entitlement);

(d) section 16(8) above (notice of entitlement to further advance); and

(e) paragraph 3(4)(a) of Schedule 3 to this Act (notice of additional contribution).

(4) Subsection (2) above shall not apply in any case where the tenant has exercised the right to which the notice relates before the commencement date or before the parties become aware of the mistake.

Housing association grant.

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(1) The Secretary of State may pay housing association grant under section 29 of the Housing Act 1974 (in this Part of this Act referred to as “the 1974 Act”) to an association registered under section 13 of that Act in cases where, after a tenant has exercised or has claimed to exercise the right to buy or the right to be granted a shared ownership lease, the association carries out to the dwelling-house or to the building in which it is situated works of repair or improvement.

(2) Where in a case falling within subsection (1) above a housing association grant is made after the tenant has exercised the right to buy or the right to be granted a shared ownership lease, the Secretary of State may reduce the amount of the grant.

Repayment of housing association grant.

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(1) In section 30(3) of the 1974 Act (repayment etc. of housing association grant in certain circumstances), after paragraph (a) there shall be inserted the following paragraph—

(aa) there has been paid to the association in respect of any land to which the grant relates an amount payable in pursuance of— (i) the covenant required by section 104B(2) of the Housing Act 1957 or section 8(1) of the Housing Act 1980 (covenant for repayment of discount) or any other provision to the like effect; or (ii) the provision required by paragraph 3, 6 or 7 of Schedule 3 to the Housing and Building Control Act 1984 (terms of shared ownership lease) or any other provision to the like effect;

(2) If, after a housing association grant has been made under section 29 of the 1974 Act to an association registered under section 13 of that Act—

(a) there is such a disposal as is mentioned in paragraph (a) of subsection (3) of section 30 of that Act; or

(b) there is made such a payment as is mentioned in paragraph (aa) of that subsection,

the association shall notify the Secretary of State of the disposal or payment and, if so required by written notice of the Secretary of State, shall furnish him with such particulars of and information relating to the disposal or payment as are specified in the notice.

(3) Where a housing association grant has been so made, the Chief Land Registrar may furnish the Secretary of State with such particulars and information as he may reasonably require for the purpose of determining—

(a) whether there has been such a disposal as is mentioned in paragraph (a) of subsection (3) of section 30 of the 1974 Act; or

(b) whether there has been made such a payment as is mentioned in paragraph (aa) of that subsection.

(4) The amendment made by subsection (1) above shall apply whether the payment was made before or after the commencement date.

Provisions as respects certain tenants of charitable housing associations etc.

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(1) This section applies to any tenant of a publicly funded dwelling-house who, but for subsection (1) of (2)(a) of section 2 of the 1980 Act (exception for cases where a landlord is a charitable housing association etc.), would have the right to buy; and a dwelling-house is publicly funded for the purposes of this section if housing association grant has been paid under section 29 of the 1974 Act in respect of a project which included—

(a) the aquisition of the dwelling-house;

(b) the aquisition of a building and the provision of the dwelling-house by means of the conversion of that building; or

(2) The Secretary of State may pay housing association grant under section 29 of the 1974 Act to an association registered under section 13 of that Act in cases where the association first acquires a dwelling-house and then disposes of it at a discount to a tenant to whom this section applies.

(3) Where an association registered under section 13 of the 1974 Act contracts for the acquisition of a dwelling-house and, without taking the conveyance, grant or assignment, disposes of its interest to a tenant to whom this section applies, subsection (2) above and the following provisions, namely—

(a) section 122 of the 1980 Act and sections 104B(2) to (9) and 104C of the 1957 Act as applied by that section (disposals by housing associations);

(b) Part II of Schedule 1A to the 1980 Act (qualification and discount);

(d) section 9 (2) of that Act (loans by Housing Corporation),

shall have effect as if the association first acquired the dwelling-house and then disposed of it to that tenant.

(4) Section 13 of the 1974 Act shall have effect as if the additional purposes or objects mentioned in subsection (3) of that section included the purpose or object of effecting transactions falling within subsection (2) above.

(5) In this section “dwelling-house” includes a house within the meaning of the 1957 Act.

Meaning of “secure tenancy”.

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(1) In section 28 of the the 1980 Act (secure tenancies) paragraph (d) of subsection (2) and the word “or” immediately preceding that paragraph shall be omitted and after paragraph (a) of subsection (4) there shall be inserted the following paragraph—

(aa) a county council;

(2) In Schedule 3 to the 1980 Act (tenancies which are not secure tenancies) paragraph 3 shall be omitted and after paragraph 2 there shall be inserted the following paragraphs—

(2A) A tenancy is not a secure tenancy if the tenant is a member of a police force and the dwelling-house is provided for him free of rent and rates in pursuance of regulations made under section 33 of the Police Act 1964. (2B) (1) A tenancy is not a secure tenancy if the tenant is an employee of a fire authority and— (a) his contract of employment requires him to live in close proximity to a particular fire station and (b) the dwelling-house was let to him by the authority in consequence of that requirement. (2) In this paragraph "contract of employment' has the same meaning as in paragraph 2 above and "fire authority' means a fire authority for the purposes of the Fire Services Acts 1947 to 1959. (2C) (1) A tenancy is not a secure tenancy until the periods to be taken into account for the purposes of this paragraph amount in aggregate to more than three years if— (a) within the period of three years immediately preceding the grant the conditions mentioned in paragraph 2, 2A or 2B above have been satisfied with respect to a tenancy of the dwelling-house; and (b) before the grant of the tenancy the landlord notified the tenant in writing of the circumstances in which this exception applies and that in its opinion the proposed tenancy would fall within this exception. (2) A period is to be taken into account for the purposes of this paragraph unless it is a period during which the conditions mentioned in paragraph 2, 2A or 2B above are satisfied with respect to the tenancy.

(3) In paragraph 6 of that Schedule after the words “the district or London borough”, in the second and third places where they occur, there shall be inserted the words “or its surrounding area” and at the end of that paragraph there shall be added the words—

In this paragraph “surrounding area”, in relation to a district or London borough, means the area which consists of each district or London borough that adjoins it.

(4) The paragraph inserted in Schedule 3 to the 1980 Act as paragraph 2C does not apply to a tenancy granted before the commencement date unless, immediately before that date, the interest of the landlord belongs to a county council.

(5) That paragraph and paragraphs 6 and 11 of that Schedule shall have effect in relation to a tenancy granted before the commencement date and in the case of which, immediately before that date, the interest of the landlord belongs to a county council as if for the words “before the grant of the tenancy” there were substituted the words “before the end of the period of three months beginning with the commencement of Part I of the 1984 Act”.

Supplemental

Transitional provisions.

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(1) This section applies where—

(a) a secure tenant has claimed to exercise the right to buy, that right has been established and the tenant’s notice under section 5(1) of the 1980 Act remains in force on the commencement date;

(b) the tenant has claimed the right to a mortgage and the landlord or the Housing Corporation has, before the commencement date, served a notice on the tenant under section 12(4) of that Act; and

(c) the amount which, in the opinion of the landlord or Housing Corporation, the tenant is entitled to leave outstanding, or to have advanced to him, on the security of the dwelling-house is less than the aggregate mentioned in section 9(1) of that Act.

(2) The landlord shall, within four weeks of the commencement date, serve on the tenant a notice in writing informing him of the effect of this Part of this Act so far as relating to the right to be granted a shared ownership lease; and that notice shall be accompanied by a form for use by the tenant in claiming in accordance with section 13(1) above, the right to be granted a shared onwership lease.

(3) Any notice served by a landlord under section 16(2) of the 1980 Act before the commencement date shall be deemed to have been withdrawn.

(4) No notice shall be served by the landlord under subsection (2) of section 16 of the 1980 Act earlier than, and a notice may be served by the tenant under subsection (4)(c) of that section at any time before, the expiration of the period of three months beginning with the service of the notice under subsection (2) above.

Interpretation of Part I.

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(1) In this Part of this Act expressions used in Chapter I of Part I of the 1980 Act have the same meanings as in that Chapter.

(2) In this Part of this Act—

“the 1957 Act” means the Housing Act 1957;

“the 1974 Act” means the Housing Act 1974;

“the 1980 Act” means the Housing Act 1980;

“additional contribution” has the meaning given by paragraph 4(1) of Schedule 3 to this Act;

“additional share” shall be construed in accordance with paragraph 3 of that Schedule;

“the commencement date” means the date on which this Part of this Act comes into force;

“initial contribution” has the meaning given by paragraph 2(1) of Schedule 3 to this Act;

“initial share” shall be construed in accordance with paragraph 1 of that Schedule;

“shared ownership lease” has the meaning given by section 12(1) above;

“total share” has the meaning given by paragraph 3(9) of Schedule 3 to this Act.

PART II — Supervision of Building Work Etc. Otherwise than by Local Authorities

Supervision of plans and work by approved inspectors

Giving and acceptance of an initial notice.

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(1) In any cases where—

(a) a notice in the prescribed form (in the enactments relating to building regulations referred to as an “initial notice”) is given jointly to a local authority by a person intending to carry out work and a person who is an approved inspector in relation to that work;

(b) the initial notice is accompanied by such plans of the work as may be prescribed;

(c) the initial notice is accompanied by such evidence as may be prescribed that an approved scheme applies, or the prescribed insurance cover has been or will be provided, in relation to the work; and

(d) the initial notice is accepted by the local authority,

then, so long as the initial notice continues in force, the approved inspector by whom the notice was given shall undertake such functions as may be prescribed with respect to the inspection of plans of the work specified in the notice, the supervision of that work and the giving of certificates and other notices.

(2) A local authority to whom an initial notice is given—

(a) may not reject the notice except on prescribed grounds, and

(b) shall reject the notice if any of the prescribed grounds exists,

and in any case where the work to which an initial notice relates is work of such a description that, if plans of it had been deposited with the local authority, the authority could, under any enactment, have imposed requirements as a condition of passing the plans, the local authority may impose the like requirements as a condition of accepting the initial notice.

(3) Unless, within the prescribed period, the local authority to whom an initial notice is given give notice of rejection, specifying the ground or grounds in question, to each of the persons by whom the initial notice was given, the authority shall be conclusively presumed to have accepted the initial notice and to have done so without imposing any such requirements as are referred to in subsection (2) above.

(4) An initial notice shall come into force when it is accepted by the local authority, either by notice given within the prescribed period to each of the persons by whom it was given or by virtue of subsection (3) above and, subject to section 43(3) below, shall continue in force until—

(a) it is cancelled by a notice under section 44 below; or

(b) the occurrence of, or the expiry of a prescribed period of time beginning on the date of, such event as may be prescribed;

and building regulations may empower a local authority to extend (whether before or after its expiry) any such period of time as is referred to in paragraph (b) above.

(5) The form prescribed for an initial notice may be such as to require—

(a) either or both of the persons by whom the notice is to be given to furnish information relevant for the purposes of this Part of this Act, Part II or Part IV of the 1936 Act, Part II of the 1961 Act or any provision of building regulations; and

(b) the approved inspector by whom the notice is to be given to enter into undertakings with respect to his performance of any of the functions referred to in subsection (1) above.

(6) The Secretary of State may approve for the purposes of this section any scheme which appears to him to secure the provision of adequate insurance cover in relation to any work which is specified in an initial notice and is work to which the scheme applies.

(7) Building regulations may prescribe for the purposes of this section the insurance cover which is to be provided in relation to any work which is specified in an initial notice and is not work to which an approved scheme applies and may, in particular prescribe the form and content of policies of insurance.

Effect of an initial notice.

40

(1) So long as an initial notice continues in force, the function of enforcing building regulations which is conferred on a local authority by section 4(3) of the 1961 Act shall not be exercisable in relation to the work specified in the notice and, accordingly—

(a) a local authority may not give a notice under section 65(1) of the 1936 Act (removal of alteration of work which contravenes building regulations) in relation to the work so specified; and

(b) a local authority may not institute proceedings under section 4(6) of the 1961 Act for any contravention of building regulations which arises out of the carrying out of the work so specified.

(2) For the purposes of the enactments specified in sub-section (3) below,—

(a) the giving of an initial notice accompanied by such plans as are referred to in section 39(1)(b) above shall be treated as the deposit of plans; and

(b) the plans accompanying an initial notice shall be treated as the deposited plans; and

(c) the acceptance or rejection of an initial notice shall be treated as the passing or, as the case may be, the rejection of plans; and

(d) the cancellation of an initial notice under section 44(5) below shall be treated as a declaration under section 66 of the 1936 Act that the deposit of plans is to be of no effect.

(3) The enactments referred to in subsection (2) above are—

(a) subsection (2) of section 65 of the 1936 Act (powers of local authority where work is executed without plans being deposited etc.);

(b) subsection (4) of that section (restriction of powers of local authority to act), in so far as it relates to a notice under subsection (2) thereof and to non-compliance with any such requirement as is referred to in that subsection;

(c) subsection (5) of that section (saving for right to obtain injunction for certain contraventions), in so far as it relates to a contravention of any enactment in the 1936 Act;

(d) section 14(6) of the Water Act 1973 (notice of proposal to erect or extend building over water authority’s sewer), and

(e) sections 219 to 225 of the Highways Act 1980 (the advance payments code).

(4) For the purposes of section 13 of the Fire Precautions Act 1971 (exercise of fire authority’s powers where provisions of building regulations as to means of escape apply)—

(a) the acceptance by a local authority of an initial notice relating to any work shall be treated as the deposit of plans of the work with the authority in accordance with building regulations; and

(b) the references in subsections (1)(ii) and (3)(b) of that section to matters or circumstances of which particulars are not or were not required by or under the building regulations to be supplied to the local authority in connection with the deposit of plans shall be construed as a reference to matters or circumstances of which particulars would not be or, as the case may be, would not have been required to be so supplied if plans were to be or had been deposited with the authority in accordance with building regulations.

Approved inspectors.

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(1) In the enactments relating to building regulations “approved inspector” means a person who, in accordance with building regulations, is approved for the purposes of this Part of this Act—

(a) by the Secretary of State; or

(b) by a body (corporate or unincorporated) which, in accordance with the regulations, is designated by the Secretary of State for the purpose.

(2) Any such approval as is referred to in subsection (1) above may limit the description of work in relation to which the person concerned is an approved inspector.

(3) Any such designation as is referred to in subsection (1)(b) above may limit the cases in which and the terms on which the body designated may approve a person and, in particular, may provide that any approval given by the body shall be limited as mentioned in subsection (2) above.

(4) There shall be paid on an application for any such approval as is referred to in subsection (1) above—

(a) where the application is made to the Secretary of State, such fee as may be prescribed by building regulations;

(b) where the application is made to a body designated by him as mentioned in that subsection, such fee as that body may determine.

(5) Building regulations may—

(a) contain provision prescribing the period for which, subject to any provision made by virtue of paragraph (b) or (c) below, any such approval as is referred to in subsection (1) above shall continue in force;

(b) contain provision precluding the giving of, or requiring the withdrawal of, any such approval as is referred to in that subsection in such circumstances as may be prescribed by the regulations;

(d) provide for the maintenance by the Secretary of State of a list of bodies who are for the time being designated by him as mentioned in subsection (1) above and for the maintenance by the Secretary of State and by each designated body of a list of persons for the time being approved by him or them as mentioned in that subsection;

(e) make provision for the supply to local authorities of copies of any list of approved inspectors maintained by virtue of paragraph (d) above and for such copy lists to be made available for inspection; and

(f) make provision for the supply, on payment of a prescribed fee, of a certified copy of any entry in a list maintained by virtue of paragraph (d) above or in a copy list held by a local authority by virtue of paragraph (e) above.

(6) Unless the contrary is proved, in any proceedings (whether civil or criminal) a document which appears to the court to be a certified copy of an entry either in a list maintained as mentioned in subsection (5)(d) above or in a copy of such a list supplied as mentioned in subsection (5)(e) above—

(a) shall be presumed to be a true copy of an entry in the current list so maintained; and

(b) shall be evidence of the matters stated therein.

(7) In subsection (1) of section 62 of the 1974 Act (building regulations may require local authorities to undertake consultation in prescribed circumstances) after the words “local authorities” there shall be inserted the words “and approved inspectors”.

(8) An approved inspector may make such charges in respect of the carrying out of functions referred to in section 39(1) above as may in any particular case be agreed between him and the person who intends to carry out the work in question or, as the case may be, by whom that work is being or has been carried out.

(9) Nothing in this Part of this Act prevents an approved inspector from arranging for plans or work to be inspected on his behalf by another person; but any such delegation—

(a) shall not extend to the giving of any certificate under section 42 or section 43 below; and

(b) shall not affect any liablity, whether civil or criminal, of the approved inspector which arises out of functions conferred on him by this Part of this Act or by building regulations;

and, without prejudice to the generality of paragraph (b) above, an approved inspector shall be liable for negligence on the part of any person carrying out any inspection on his behalf in like manner as if it were negligence by a servant of his acting in the course of his employment.

Plans certificates.

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(1) Where an approved inspector—

(a) has inspected plans of the work specified in an initial notice given by him, and

(b) is satisfied that the plans neither are defective nor show that work carried out in accordance with them would contravene any provision of building regulations, and

he shall, if requested to do so by the person intending to carry out the work, give a certificate in the prescribed form (in the enactments relating to building regulations referred to as a “plans certificate”) to the local authority and to that person.

(2) In any case where any question arises under subsection (1) above between an approved inspector and a person who proposes to carry out any work whether plans of the work are in conformity with building regulations, that person may refer the question to the Secretary of State for this determination; and an application for a reference under this subsection shall be accompanied by such fee as may be prescribed by building regulations.

(3) Building regulations may authorise the giving of an initial notice combined with a certificate under subsection (1) above and may prescribe a single form for such a combined notice and certificate; and where such a prescribed form is used—

(a) any reference in this Part of this Act to an initial notice or to a plans certificate shall be construed as including a reference to that form; but

(b) should the form cease to be in force as an initial notice by virtue of subsection (4) of section 39 above, nothing in that subsection shall affect the continuing validity of the form as a plans certificate.

(4) A plans certificate—

(a) may relate either to the whole or to part only of the work specified in the initial notice concerned; and

(b) shall not have effect unless it is accepted by the local authority to whom it is given.

(5) A local authority to whom a plans certificate is given—

(a) may not reject the certificate except on prescribed grounds; and

(b) shall reject the certificate if any of the prescribed grounds exists.

(6) Unless, within the prescribed period, the local authority to whom a plans certificate is given give notice of rejection, specifying the ground or grounds in question, to—

(a) the approved inspector by whom the certificate was given, and

(b) the other person to whom the approved inspector gave the certificate,

the authority shall be conclusively presumed to have accepted the certificate.

(7) If it appears to a local authority by whom a plans certificate has been accepted that the work to which the certificate relates has not been commenced within the period of three years beginning on the date on which the certificate was accepted, the authority may rescind their acceptance of the certificate by notice, specifying the ground or grounds in question, given—

(a) to the approved inspector by whom the certificate was given; and

(b) to the person shown in the initial notice concerned as the person intending to carry out the work.

Final certificates.

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(1) Where an approved inspector is satisfied that any work specified in an initial notice given by him has been completed, he shall give—

(a) to the local authority by whom the initial notice was accepted, and

(b) to the person by whom the work was carried out,

such certificate with respect to the completion of the work and the discharge of his functions as may be prescribed (in the enactments relating to building regulations referred to as a “final certificate”).

(2) Subsection (4) to (6) of section 42 above shall have effect in relation to a final certificate as if any reference in those subsection to a plans certificate were a reference to a final certificate.

(3) Where a final certificate has been given with repect to any of the work specified in an initial notice and that certificate has been accepted by the local authority concerned, the initial notice shall cease to apply to that work, but the provisions of section 40(1) above shall, by virtue of this subsection, continue to apply in relation to that work as if the initial notice continued in force in relation to it.

Cancellation of initial notice.

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(1) If, at any time when an initial notice is in force—

(a) the approved inspector becomes or expects to become unable to carry out (or to continue to carry out) his functions with respect to any of the work specified in the initial notice, or

(b) the approved inspector is of the opinion that any of the work is being so carried out that he is unable adequately to carry out his functions with respect to it, or

(c) the approved inspector is of the opinion that there is a contravention of any provision of building regulations with respect to any of that work and the circumstances are as mentioned in subsection (2) below.

the approved inspector shall cancel the initial notice by notice in the prescribed form given to the local authority concerned and to the person carrying out or intending to carry out the work.

(2) The circumstances referred to in subsection (1)(c) above are—

(a) that the approved inspector has, in accordance with building regulations, given notice of the contravention to the person carrying out the work; and

(b) that, within the prescribed period, that person has neither pulled down nor removed the work nor effected such alterations in it as may be necessary to make it comply with building regulations.

(3) If, at a time when an initial notice is in force, it appears to the person carrying out or intending to carry out the work specified in the notice that the approved inspector is no longer willing or able to carry out his functions with repect to any of that work, he shall cancel the initial notice by notice in the prescribed form given to the local authority concerned and, if it is practicable to do so, to the approved inspector.

(4) If any person fails without reasonable excuse to give to a local authority a notice which he is required to give by subsection (3) above he shall be liable on summary conviction to a fine not exceeding level 5 on the standard scale (as defined in section 75 of the Criminal Justice Act 1982).

(5) If, at a time when an initial notice is in force, it appears to the local authority by whom the initial notice was accepted that the work to which the initial notice relates has not been commenced within the period of three years beginning on the date on which the initial notice was accepted, the authority may cancel the initial notice by notice in the prescribed form given—

(a) to the approved inspector by whom the initial notice was given; and

(b) to the person shown in the initial notice as the person intending to carry out the work.

(6) A notice under subsection (1), (3) or (5) above shall have the effect of cancelling the initial notice to which it relates with effect from the day on which the notice is given.

Effect of initial notice ceasing to be in force.

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(1) The provisions of this section apply where an initial notice ceases to be in force by virtue of paragraph (a) or paragraph (b) of subsection (4) of section 39 above.

(2) Building regulations may provide that, if—

(a) a plans certificate was given before the day on which the initial notice ceased to be in force, and

(b) that certificate was accepted by the local authority (before, on or after that day), and

then, with respect to the work specified in the certificate, such of the functions of a local authority referred to in section 40(1) above as may be prescribed for the purposes of this subsection either shall not be exercisable or shall be exercisable only in prescribed circumstances.

(3) If, before the day on which the initial notice ceased to be in force, a final certificate was given in respect of part of the work specified in the initial notice and that certificate was accepted by the local authority (before, on or after that day), the fact that the initial notice has ceased to be in force shall not affect the continuing operation of section 43(3) above in relation to that part of the work.

(4) Notwithstanding anything in subsections (2) and (3) above, for the purpose of enabling the local authority to perform the functions referred to in section 40(1) above in relation to any part of the work not specified in a plans certificate or final certificate, as the case may be, building regulations may require the local authority to be provided with plans which relate not only to that part but also to the part to which the certificate in question relates.

(5) In any case where this section applies, the reference in subsection (4) of section 65 of the 1936 Act (twelve month time limit for giving certain notices) to the date of the completion of the work in question shall have effect, in relation to a notice under subsection (1) of that section, as if it were a reference to the date on which the initial notice ceased to be in force.

(6) Subject to any provision of building regulations made by virtue of subsection (2) above, if, before the initial notice ceased to be in force, an offence under section 4(6) of the 1961 Act (contravention of provisions of building regulations) was committed with respect to any of the work specified in that notice, summary proceedings for that offence may be commenced by the local authority at any time within six months beginning with the day on which the functions of the local authority referred to in section 40(1) above became exercisable with respect to the provision of building regulations to which the offence relates.

(7) The fact that an initial notice has ceased to be in force shall not affect the right to give a new initial notice relating to any of the work which was specified in the original notice and in respect of which no final certificate has been given and accepted; but where—

(a) a plans certificate has been given in respect of any of that work, and

(b) the conditions in paragraphs (a) to (c) of subsection (2) above are fulfilled with respect to that certificate, and

section 42(1) above shall not apply in relation to so much of the work to which the new initial notice relates as is work specified in the plans certificate.

Supervision of their own work by public bodies

Giving, acceptance and effect of public body’s notice.

46

(1) This section applies where a body (corporate or unincorporated) which acts under any enactment for public purposes and not for its own profit and is, or is of a description which is, approved by the Secretary of State in accordance with building regulations (in this Part of this Act referred to as a “public body”)—

(a) intends to carry out in relation to a building belonging to it work to which the substantive requirements of building regulations apply; and

(b) considers that the work can be adequately supervised by its own servants or agents; and

(c) gives to the local authority in whose district the work is to be carried out notice in the prescribed form (in the enactments relating to building regulations referred to as a “public body’s notice”) together with such plans of the work as may be prescribed.

(2) A public body’s notice shall be of no effect unless it is accepted by the local authority to whom it is given; and that local authority—

(a) may not reject the notice except on prescribed grounds, and

(b) shall reject the notice if any of the prescribed grounds exists,

and in any case where the work to which the public body’s notice relates is work of such a description that, if plans of it had been deposited with the local authority, the authority could, under any enactment, have imposed requirements as a condition of passing the plans, the local authority may impose the like requirements as a condition of accepting the public body’s notice.

(3) Unless, within the prescribed period, the local authority to whom a public body’s notice is given give notice of rejection, specifying the ground or grounds in question, the authority shall be conclusively presumed to have accepted the public body’s notice and to have done so without imposing any such requirements as are referred to in subsection (2) above.

(4) Section 40 above shall have effect for the purposes of this section—

(a) with the substitution of a reference to a public body’s notice for any reference to an initial notice; and

(b) with the substitution, in subsection (2)(a), of a reference to subsection (1)(c) of this section for the reference to section 39(1)(b).

(5) The form prescribed for a public body’s notice may be such as to require the public body by whom it is to be given—

(a) to furnish information relevant for the purposes of this Part of this Act, Part II or Part IV of the 1936 Act, Part II of the 1961 Act or any provision of building regulations; and

(b) to enter into undertakings with respect to consultation and other matters.

(6) Where a public body’s notice is given and accepted by the local authority to whom it is given, the provisions of Schedule 8 to this Act shall have effect, being provisions which correspond, as near as may be, to those made by the preceding provisions of this Part of this Act for the case where an initial notice is given and accepted.

Supplemental

Appeals.

47

(1) A person aggrieved by the local authority’s rejection of—

(a) an initial notice or a public body’s notice, or

(b) a plans certificate, a final certificate, a public body’s plans certificate or a public body’s final certificate,

may appeal to a magistrates' court acting for the petty sessions area in which is situated land on which will be or has been carried out any work to which the notice or certificate relates.

(2) On an appeal under this section the court shall—

(a) if they determine that the notice or certificate was properly rejected, confirm the rejection; and

(b) in any other case, give a direction to the local authority to accept the notice or certificate.

(3) The procedure on appeal to a magistrates' court under this section shall be by way of complaint for an order and the Magistrates' Courts Act 1980 shall apply to the proceedings.

Register of notices and certificates.

48

(1) Every local authority shall keep, in such manner as may be prescribed, a register containing such information as may be prescribed with respect to initial notices, public body’s notices and certificates given to them, including information as to whether such notices or certificates have been accepted or rejected.

(2) The information which may be prescribed under subsection (1) above with respect to an initial notice includes information with respect to the insurance cover provided with respect to the work to which the initial notice relates.

(3) The reference in subsection (1) above to certificates is a reference to plans certificates, final certificates, public body’s plans certificates, public body’s final certificates and certificates given under section 64(2C) of the 1936 Act (which provision is set out in section 56 below).

(4) Every register kept under this section shall be available for inspection by the public at all reasonable hours.

Offences.

49

(1) If any person—

(a) gives a notice or certificate which purports to comply with the requirements of this Part of this Act or, as the case may be, of section 64(2C) of the 1936 Act and which contains a statement which he knows to be false or misleading in a material particular, or

(b) recklessly gives a notice or certificate which purports to comply with those requirements and which contains a statement which is false or misleading in a material particular,

he shall be guilty of an offence.

(2) A person guilty of an offence under subsection (1) above shall be liable—

(a) on summary conviction, to a fine not exceeding the statutory maximum (as defined in section 74 of the Criminal Justice Act 1982) or imprisonment for a term not exceeding six months or both; and

(b) on conviction on indictment, to a fine or imprisonment for a term not exceeding two years or both.

(3) Where an approved inspector or person approved for the purposes of section 64(2C) of the 1936 Act is convicted of an offence under this section, the court by or before which he is convicted shall, within one month of the date of conviction, forward a certificate of the conviction to the person by whom the approval was given.

Information, reports and returns.

50

Where an initial notice or a public body’s notice has continued in force for any period, the local authority by whom it was accepted may require the approved inspector or public body by whom it was given to furnish them with any information which—

(a) they would have obtained themselves if during that period their function of enforcing building regulations had continued to be exercisable in relation to the work specified in the notice; and

(b) they require for the purpose of performing their duty under section 230 of the Local Government Act 1972 (reports and returns);

and that section shall have effect as if during that period that function had continued to be so exercisable.

Interpretation of Part II.

51

(1) In this Part of this Act—

“the 1936 Act” means the Public Health Act 1936;

“the 1961 Act” means the Public Health Act 1961;

“the 1974 Act” means the Health and Safety at Work etc. Act 1974;

“approved inspector” has the meaning assigned to it by section 41(1) above;

“contravention”, in relation to any provision of building regulations, includes a failure to comply with that provision;

“enactment” includes any enactment contained in a local Act;

“the enactments relating to building regulations” means this Part of this Act and the enactments referred to in section 76(1) of the 1974 Act;

“final certificate” has the meaning assigned to it by section 43(1) above;

“initial notice” has the meaning assigned to it by section 39(1) above;

“plans certificate” has the meaning assigned to it by section 42(1) above;

“public body” and “public body’s notice” have the meaning assigned to them by section 46(1) above;

“public body’s final certificate” has the meaning assigned to it by paragraph 3 of Schedule 8 to this Act; and

“public body’s plans certificate” has the meaning assigned to it by paragraph 2 of that Schedule.

(2) Any reference in this Part of this Act to the carrying out of work includes a reference to the making of a material change of use, as defined by and for the purposes of building regulations.

(3) Any reference in this Part of this Act to an initial notice given by an approved inspector is a reference to a notice given by him jointly with another person as mentioned in section 39(1)(a) above.

(4) Sections 74 and 76 of the 1974 Act (construction and interpretation) shall have effect as if the preceding provisions of this Part of this Act (other than subsection (1) above) were included in Part III of the 1974 Act.

PART III — Miscellaneous Amendments Relating to Building Work

Exemptions and relaxations for public bodies

Exemption of local authorities etc. from procedural requirements of building regulations.

52

(1) Building regulations may exempt—

(a) a local authority,

(b) a county council, and

(c) any other body which acts under any enactment for public purposes and not for its own profit and is prescribed for the purpose of this section by building regulations,

from compliance with any requirements of those regulations which are not substantive requirements.

(2) A local authority, county council or other body which is exempted as mentioned in subsection (1) above is in subsection (3) below referred to as an “exempt body”.

(3) Without prejudice to the obligation of an exempt body to comply with substantive requirements of building regulations, the function of enforcing building regulations which is conferred on local authorities by section 4(3) of the 1961 Act shall not be exercisable in relation to work carried out by an exempt body and, accordingly—

(a) nothing in subsections (1) to (4) of section 65 of the 1936 Act (powers to require removal or alteration of certain work) shall apply in relation to work so carried out; and

(b) a local authority may not institute proceedings under section 4(6) of the 1961 Act for any contravention of building regulations by an exempt body.

(4) In this section “substantive requirements of building regulations” has the meaning assigned to it by section 76(3) of the 1974 Act.

Power of certain public bodies to relax requirements of building regulations for their own works.

53

(1) After subsection (2) of section 6 of the 1961 Act there shall be inserted the following subsections:—

(2A) If— (a) building regulations so provide as regards any requirement contained in the regulations, and (b) a public body considers that the operation of any such requirement would be unreasonable in relation to any particular work carried out or proposed to be carried out by or on behalf of the public body, the public body may give a direction dispensing with or relaxing that requirement. (2B) In subsection (2A) above “public body” means— (a) a local authority; (b) a county council; and (c) any other body which is prescribed for the purposes of section 52 of the Housing and Building Control Act 1984.

(2) In subsection (1) of section 8 of the 1961 Act (opportunity for representations about proposals to relax building regulations) after the words “local authority”, in the first and second places where they occur, there shall be inserted the words “or other body”, for the words “application is” there shall be substituted the words “direction is proposed to be” and for the words “before publication of the notice” there shall be substituted the words “where the direction is proposed to be made on an application”.

(3) In subsection (2) and (5) of that section after the words “local authority”, in each place where they occur, there shall be inserted the words “or other body” and in subsection (3) of that section for the words “application is” there shall be substituted the words “direction is proposed to be”.

(4) In section 15(1)

of the Fire Precautions Act 1971 (consultation with fire authority prior to exercise by local authority of powers under section 6 of the 1961 Act) after the words “local authority”, in the first place where they occur, there shall be inserted the words “or a public body, as defined in section 6(2B) of that Act, proposes to exercise the power conferred on it by section 6(2A) of that Act” and after the words “local authority”, in the second place where they occur, there shall be inserted the words “or other body”.

Approved documents giving practical guidance

Approval of documents for purposes of building regulations. .

54

(1) For the purpose of providing practical guidance with respect to the requirements of any provision of building regulations, the Secretary of State or a body designated by him for the purposes of this section may—

(a) approve and issue any document (whether or not prepared by him or by the body concerned), or

(b) approve any document issued or proposed to be issued otherwise than by him or by the body concerned,

if in the opinion of the Secretary of State or, as the case may be, the body concerned the document is suitable for that purpose.

(2) References in this section and section 55 below to a document include references to any part of a document; and accordingly, in relation to a document of which part only is approved, any reference in the following provisions of this section or in section 55 below to the approved document is a reference only to the part of it which is approved.

(3) An approval given under subsection (1) above shall take effect in accordance with a notice which is issued by the Secretary of State or, as the case may be, the body giving the approval and which—

(a) identifies the approved document in question;

(b) states the date on which the approval of it is to take effect; and

(4) The Secretary of State or, as the case may be, the body which gave the approval may—

(a) from time to time approve and issue a revision of the whole or any part of an approved document issued by him or it for the purposes of this section; and

(b) approve any revision or proposed revision of the whole or any part of any approved document;

and subsection (3) above shall, with the necessary modifications, apply in relation to an approval which is given under this subsection to a revision as it applies in relation to an approval which is given under subsection (1a) above to a document.

(5) The Secretary of State or, as the case may be, the body which gave the approval may withdraw his or its approval of a document under this section; and such a withdrawal of approval shall take effect in accordance with a notice which is issued by the Secretary of State or body concerned and which—

(a) identifies the approved document in question; and

(b) states the date on which the approval of it is to cease to have effect.

(6) References in subsections (4) and (5) above and in section 55 below to an approved document are references to that document as it has effect for the time being, having regard to any revision of the whole or any part of it which has been approved under subsection (4) above.

(7) Where a body ceases to be a body designated by the Secretary of State for the purposes of this section, subsections (4) and (5) above shall have effect as if any approval given by that body had been given by the Secretary of State.

(8) The power to designate a body for the purposes of this section shall be exercisable by order made by statutory instrument which shall be subject to annulment in pursuance of a resolution of either House of Parliament.

Compliance or noncompliance with approved documents.

55

(1) A failure on the part of any person to comply with an approved document shall not of itself render him liable to any civil or criminal proceedings; but if, in any proceedings whether civil or criminal, it is alleged that any person has at any time contravened a provision of building regulations—

(a) a failure to comply with a document which at that time was approved for the purposes of that provision may be relied upon as tending to establish liability; and

(b) proof of compliance with such a document may be relied on as tending to negative liability.

(2) In any proceedings, whether civil or criminal,—

(a) a document purporting to be a notice issued as mentioned in section 54(3) above shall be taken to be such a notice unless the contrary is proved; and

(b) a document which appears to the court to be the approved document to which such a notice refers shall be taken to be that approved document unless the contrary is proved.

Certification and reports

Certificates of compliance with building regulations.

56

(1) In section 64 of the 1936 Act (passing or rejection of plans etc.) immediately before subsection (3) (appeals to magistrates' courts) there shall be inserted the following subsection—

(2C) Where the deposited plans are accompanied by— (a) a certificate given by a person approved for the purposes of this subsection to the effect that the proposed work, if carried out in accordance with the deposited plans, will comply with such provisions of the regulations prescribed for the purposes of this subsection as may be specified in the certificate, and (b) such evidence as may be prescribed that an approved scheme applies, or the prescribed insurance cover has been or will be provided, in relation to the certificate, the local authority may not except in prescribed circumstances reject the plans on the ground that they are defective with respect to any provisions of the regulations which are so specified or that they show that the proposed work would contravene any of those provisions.

(2) For subsection (3) of section 64 of the 1936 Act there shall be substituted the following subsection—

(3) In any case where a question arises under this section between a local authority and a person who proposes to carry out any work— (a) whether plans of the proposed work are in conformity with building regulations; or (b) whether the local authority are prohibited from rejecting plans of the proposed work by virtue of subsection (2C) above, that person may refer the question to the Secretary of State for his determination; and an application for a reference under this subsection shall be accompanied by such fee as may be prescribed by building regulations.

(3) After that subsection there shall be inserted the following subsection—

(3A) Where deposited plans accompanied by such a certificate and such evidence as are mentioned in subsection (2C) above are passed by the local authority, or notice of the rejection of deposited plans so accompanied is not given within the prescribed period from the deposit of the plans, the authority may not institute proceedings under section 4(6) of the 1961 Act for any contravention of building regulations which— (a) arises out of the carrying out of the proposed work in accordance with the plans; and (b) is a contravention of any of the provisions of the regulations specified in the certificate.

(4) Building regulations may make provision for the approval of persons for the purposes of subsection (2C) of section 64 of the 1936 Act—

(a) by the Secretary of State; or

(b) by a body (corporate or unincorporated) which, in accordance with the regulations, is designated by the Secretary of State for the purpose;

and any such approval may limit the description of work, or the provisions of the regulations, in relation to which the person concerned is so approved.

(5) Any such designation as is referred to in paragraph (b) of subsection (4) above may limit the cases in which and the terms on which the body designated may approve a person and, in particular, may provide that any approval given by the body shall be limited as mentioned in that subsection.

(6) There shall be paid on an application for any such approval as is referred to in subsection (4) above—

(a) where the application is made to the Secretary of State, such fee as may be prescribed by building regulations;

(b) where the application is made to a body designated by him as mentioned in that subsection, such fee as that body may determine.

(7) The Secretary of State may approve for the purposes of subsection (2C) of section 64 of the 1936 Act any scheme which appears to him to secure the provision of adequate insurance cover in relation to any certificate which is given under paragraph (a) of that subsection and is a certificate to which the scheme applies.

(8) Building regulations may prescribe for the purposes of subsection (2C) of section 64 of the 1936 Act the insurance cover which is to be provided in relation to any certificate which is given under paragraph (a) of that subsection and is not a certificate to which an approved scheme applies and may, in particular, prescribe the form and content of policies of insurance.

(9) Building regulations may—

(a) contain provision prescribing the period for which, subject to any provision made by virtue of paragraph (b) or (c) below, any such approval as is referred to in subsection (4) above shall continue in force;

(b) contain provision precluding the giving of, or requiring the withdrawal of, any such approval as is referred to in that subsection in such circumstances as may be prescribed by the regulations;

(d) provide for the maintenance by the Secretary of State of a list of bodies who are for the time being designated by him as mentioned in subsection (4) above and for the maintenance by the Secretary of State and by each designated body of a list of persons for the time being approved by him or them as mentioned in that subsection;

(e) make provision for the supply to local authorities of copies of any list of approved persons maintained by virtue of paragraph (d) above and for such copy lists to be made available for inspection; and

(f) make provision for the supply, on payment of a prescribed fee, of a certified copy of any entry in a list maintained by virtue of paragraph (d) above or in a copy list held by a local authority by virtue of paragraph (e) above.

(10) Unless the contrary is proved, in any proceedings (whether civil or criminal) a document which appears to the court to be a certified copy of an entry either in a list maintained as mentioned in subsection (9)(d) above or in a copy of such a list supplied as mentioned in subsection (9)(e) above—

(a) shall be presumed to be a true copy of an entry in the current list so maintained; and

(b) shall be evidence of the matters stated therein.

Methods of challenging section 65 notices.

57

(1) After section 65 of the 1936 Act there shall be inserted the sections set out in Schedule 9 to this Act.

(2) Section 67 of the 1936 Act (joint applications to the Secretary of State for determination of certain questions relating to building regulations) shall cease to have effect except as respects applications referred to the Secretary of State before this subsection comes into force.

Miscellaneous

Charges by local authorities for performing functions relating to building regulations.

58

Building regulations may authorise local authorities, subject to and in accordance with the regulations, to fix by means of schemes and to recover such charges for or in connection with the performance of functions of theirs relating to building regulations as they may determine in accordance with principles prescribed by the regulations.

Amendments of enactments relating to building regulations.

59

(1) In section 9(3) of the 1961 Act (consultation with Building Regulations Advisory Committee and other bodies before making building regulations) after the word “regulations”, in the first place where it occurs, there shall be inserted the words “containing substantive requirements as defined in section 76(3) of the Health and Safety at Work etc. Act 1974”.

(2) The following provisions of the 1974 Act, namely—

(a) subsection (5) of section 61 (which provides for the repeal of section 71 of the 1936 Act but has not been brought into force); and

(b) subsections (6) and (7) of section 63 (which make provision consequential on that repeal),

shall cease to have effect.

(3) In Schedule 6 to the 1974 Act (amendments of enactments relating to building regulations) paragraphs 1, 2, 5(a), 5(d), 6 and 7 (most of which are not yet in operation and none of which is yet fully in operation) shall be deemed not to have been enacted, and accordingly (and having regard to section 53(1) above)—

(a) subsection (4) of section 64 of the 1936 Act and section 6 of the 1961 Act shall have effect as set out in Schedule 10 to this Act, and

(b) section 65 of the 1936 Act and sections 7 and 8 of the 1961 Act shall continue to have effect (for all purposes) without regard to any provision of the said Schedule 6.

Amendments of enactments relating to sanitation and buildings.

60

(1) Part XII of the 1936 Act (enforcement and other general provisions) shall have effect as if so much of Part II of the 1961 Act (sanitation and buildings) as does not relate to building regulations were contained in Part II of the 1936 Act.

(2) In the following provisions, namely—

(a) so much of Part II of the 1936 Act (sanitation and buildings) as does not relate to building regulations;

(b) sections 137 and 138 of that Act (certain buildings to be supplied with water); and

expressions which are defined by subsection (1) of section 82 of the 1974 Act shall have the meanings given by that subsection.

Repeal of the Building Control Act 1966.

61

(1) The Building Control Act 1966 (which regulates building and constructional work) shall cease to have effect.

(2) In consequence of subsection (1) above, the enactments mentioned in Part I of Schedule 12 to this Act are hereby repealed to the extent specified in the third column of that Schedule.

Interpretation of Part III.

62

(1) In this Part of this Act—

“the 1936 Act” means the Public Health Act 1936;

“the 1961 Act” means the Public Health Act 1961;

“the 1974 Act” means the Health and Safety at Work etc, Act 1974;

“contravention”, in relation to any provision of building regulations, includes a failure to comply with that provision;

“local authority” has the meaning assigned to it by subsection (2)(a) of section 76 of the 1974 Act.

(2) Any reference in this Part of this Act to the carrying out of work includes a reference to the making of a material change of use, as defined by and for the purposes of building regulations.

PART IV — Miscellaneous and General

Financial provisions.

63

(1) There shall be paid out of money provided by Parliament the administrative expenses of the Secretary of State under this Act and any increase attributable to this Act in the sums so payable under any other enactment.

(2) There shall be paid out of or into the Consolidated Fund or the National Loans Fund any increase attributable to this Act in the sums so payable under any other enactment.

Minor and consequential amendments.

64

The enactments mentioned in Schedule 11 to this Act shall have effect subject to the amendments there specified (being minor amendments and amendments consequential on the preceding provisions of this Act).

Repeals.

65

The enactments mentioned in Part II of Schedule 12 to this Act are hereby repealed to the extent specified in the third column of that Schedule.

Short title, commencement and extent.

66

(1) This Act may be cited as the Housing and Building Control Act 1984.

(2) The following provisions of this Act namely—

(a) sections 42(2), 56(2), 57(2) and 58;

(b) so far as relating to the amendments of section 69 of the Health and Safety at Work etc. Act 1974, section 64 and Schedule 11; and

(c) so far as relating to the repeals of section 67 of the Public Health Act 1936 and section 62(3) of the said Act of 1974, section 65 and Part II of Schedule 12,

shall come into force on such day as the Secretary of State may by order made by statutory instrument appoint; and different days may be so appointed for different provisions or for different purposes.

(3) Except as provided by subsection (2) above, this Act shall come into force at the end of the period of two months beginning with the day on which this Act is passed.

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

SCHEDULE 1

1

In section 1(8) (right to acquire freehold or long lease) and section 10(1)(a) (notice of purchase price and right to a mortgage) of the 1980 Act for the words “long lease” there shall be substituted the word “lease”.

2

In section 6(4)(a) of the 1980 Act (assumptions on the grant of a lease) for the words from “for 125 years” onwards there shall be substituted the words “with vacant possession for the appropriate term defined in sub-paragraph (2) of paragraph 11 of Schedule 2 to this Act (but subject to sub-paragraph (3) of that paragraph)”.

3

In section 14 of the 1980 Act (change of landlord after notice claiming right to buy or right to a mortgage) for the words “the freehold of” there shall be substituted the words “the interest of the landlord in”.

4

In section 16(1) of the 1980 Act (completion) for paragraphs (a) and (b) there shall be substituted the following paragraphs—

(a) if the dwelling-house is a house and the landlord owns the freehold, a grant of the dwelling-house for an estate in fee simple absolute; and (b) if the landlord does not own the freehold or (whether or not the landlord owns it) the dwelling-house is a flat, a grant of a lease of the dwelling-house for the appropriate term defined in sub-paragraph (2) of paragraph 11 of Schedule 2 to this Act (but subject to sub-paragraph (3) of that paragraph);

5

At the end of section 17 of the 1980 Act (conveyance of freehold and grant of lease) there shall be inserted the words “and other matters”.

6

Section 18 of the 1980 Act (right to a mortgage—terms of mortgage deed) shall be renumbered as subsection (1) of that section, in that provision as so renumbered the words from “but the Secretary of State” onwards shall be omitted and after that provision as so renumbered there shall be inserted the following subsections—

(2) Where the mortgagor’s interest in the dwelling-house is leasehold and the term of the lease is less than 25 years, subsection (1)(b) above shall have effect as if the reference to 25 years were a reference to the term of the lease. (3) The Secretary of State may by order prescribe additional terms to be contained in any deed by which a mortgage is effected in pursuance of this Chapter or vary the provisions of subsections (1)(a) and (b) and (2) above, but only in relation to deeds executed after the order comes into force.

7

In subsection (3) of section 20 of the 1980 Act (registration of title) for the words “subsection (2)” there shall be substituted the words “subsection (1)(b)” and for subsections (1) and (2) of that section there shall be substituted the following subsections—

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