Housing (Consequential Provisions) Act 1985

Meaning of " the consolidating Acts "

1

In this Act “the consolidating Acts” means—

• the Housing Act 1985,

• the Housing Associations Act 1985, and

• the Landlord and Tenant Act 1985, and this Act in so far as it reproduces the effect of provisions repealed by this Act.

Continuity of the law

2

• (1) The re-enactment of provisions in the consolidating Acts, and the consequent repeal of those provisions by this Act, does not affect the continuity of the law.

• (2) Anything done (including subordinate legislation made), or having effect as done, under a provision reproduced in the consolidating Acts has effect as if done under the corresponding provision of the Acts

• (3) References (express or implied) in the consolidating Acts or any other enactment, instrument or document to a provision of the consolidating Acts shall, so far as the context permits, be construed as including, in relation to times, circumstances and purposes before the commencement of those Acts, a reference to corresponding earlier provisions.

• (4) A reference (express or implied) in an enactment, instrument or other document to a provision reproduced in the consolidating Acts shall be construed, so far as is required for continuing its effect and subject to any express amendment made by this Act, as being, or as the case may require including, a reference to the corresponding provision of the consolidating Acts.

Repeals

3

• (1) The enactments specified in Schedule 1 are repealed to the extent specified.

• (2) The repeals include repeals, in accordance with Recommendations of the Law Commission and the Scottish Law Commission, of provisions which are obsolete or no longer of practical utility or whose repeal is otherwise desirable for the purpose of achieving a satisfactory consolidation of the enactments reproduced in the consolidating Acts.

• (3) The repeals have effect subject to any relevant savings in—

• Schedule 4 to this Act (miscellaneous and general savings), or

• Schedule 15, 18 or 19 to the Housing Act 1985 or Schedule 5 to the Housing Associations Act 1985 (which relate to certain superseded financial provisions).

Consequential amendments

4

• (1) The enactments specified in Schedule 2 have effect with the amendments specified.

• (2) The amendments have effect subject to any relevant transitional provisions in Schedule 3.

Transitional provisions and savings

5

• (1) Schedule 3 has effect with respect to transitional matters in connection with the coming into force of the consolidating Acts and the Consequential Amendments made by this Act.

• (2) Schedule 4 contains savings in connection with the repeals made by this Act (including savings for repealed transitional provisions and repealed savings).

• (3) The provisions of Schedule 4 do not affect the general operation of section 16 of the Interpretation Act 1978 (general savings to be implied on a repeal).

Short title, commencement and extent

6

• (1) This Act may be cited as the Housing (Consequential Provisions) Act 1985.

• (2) This Act comes into force on 1st April 1986.

• (3) The following provisions of this Act extend to England and Wales—

• sections 1 to 6,

• Part I of Schedule 1,

• in Schedule 2, paragraphs 1 to 9, 11, . . .14, 15, 18 to 24, 26, 28 to 36, 38, 43, 44, 46 to 50, 52 to 58, 60 and 61.

• Schedules 3 and 4.

• (4) The following provisions of this Act extend to Scotland—

• sections 1 to 6,

• Part II of Schedule 1,

• in Schedule 2, paragraphs 2, 5, 6, 7(3), 8, 10, 15 to 18, 20, 21, 25 to 29, 31, 37, 39 to 43, 45, 48, 52, 54 and 59,

• in Schedule 4, paragraphs 1, 2, 4, 15 and 16.

• (5) The following provisions of this Act extend to Northern Ireland—

• sections 1 to 4 and 6,

• Part III of Schedule 1,

• in Schedule 2, paragraphs 13, 51 and 52.

SCHEDULE 1

Part I — England and Wales

Part II — Scotland

Part III — Northern Ireland

SCHEDULE 2

Brine Pumping (Compensation for Subsidence) Act 1891 (c. 40)

1

• (1) Notwithstanding anything in section 50 of the Brine Pumping (Compensation for Subsidence) Act 1891 (persons excluded from right to compensation), a local authority is entitled to compensation in accordance with the provisions of that Act in respect of any injury or damage to houses belonging to them which were provided under a housing scheme towards the losses on which the Secretary of State, or any predecessor of his, was liable to contribute under the Housing, Town Planning, &c. Act 1919 at any time before 10th August 1972.

• (2) In sub-paragraph (1) “local authority” means a county council, district council or London borough council, the Common Council of the City of London or the Council of the Isles of Scilly.

Coal Mining (Subsidence) Act 1957 (c. 59)

2

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Town and Country Planning Act 1959 (c. 53)

3

In section 26 of the Town and Country Planning Act 1959 (consents to disposal of land by certain authorities), in subsection (5) (exceptions)—

• (a) omit paragraph (a);

• (b) after that paragraph insert—

(aa) to a disposal for which consent is required under section 32 or 43 of the Housing Act 1985 (disposal of land held for housing purposes);

.

Land Compensation Act 1961 (c. 33)

4

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Trustee Investments Act 1961 (c.62)

5

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Building Societies Act 1962 (c.37)

6

• (1) Schedule 3 to the Building Societies Act 1962 (permitted classes of additional security) is amended as follows.

• (2) In paragraph 3(1) for " local authorities " there shall continue to be substituted " bodies ".

• (3) In paragraph 3(2)(a) (guarantees given under certain enactments : England and Wales) for " section 111 of the Housing Act 1980 " substitute " section 442 of the Housing Act 1985, section 84 of the Housing Associations Act 1985, section 111 of the Housing Act 1980 ".

• (4) In paragraph 3(2)(b) (guarantees given under certain enactments : Scotland) after " Scotland " insert " section 86 of the Housing Associations Act 1985 ".

• (5) In paragraph 3(2)(c) (guarantees given under certain enactments : Northern Ireland) for the words from " any statutory provision " to " 1980 " substitute " any statutory provision for the time being in force in Northern Ireland and made for purposes corresponding to those of section 442 of the Housing Act 1985, section 84 of the Housing Associations Act 1985 or section 111 of the Housing Act 1980 ".

• (6) For paragraph 14 substitute—

(14) (1) An agreement under section 442 of the Housing Act 1985, section 84 of the Housing Associations Act 1985 or section 111 of the Housing Act 1980 (agreement by local authority or Housing Corporation to indemnify building society in respect of mortgagor's default). (2) An agreement under any statutory provision for the time being in force in Northern) Ireland and made for purposes corresponding to those of the provisions referred to in sub-paragraph (1).

.

• (7) In paragraph 15 after " 1980" insert " or section 86 of the Housing Associations Act 1985 ".

Pipelines Act 1962 (c.58)

7

• (1) The Pipelines Act 1962 is amended as follows.

• (2) In section 28(4) (recovery of expenses incurred in executing demolition order)—

• (a) for “Subsections (2) to (5) of section twenty-three of the Housing Act 1957” substitute “The provisions of section 272 of the Housing Act 1985”;

• (b) for “Part II” in each place where it occurs substitute “Part IX”.

• (3) In section 30 (recovery of possession of building to be demolished)—

• (a) in subsection (1) for “Section seventy-three of the Housing Act 1957” substitute “Section 286 of the Housing Act 1985”;

• (b) in subsection (2) for “section seventy-three of the said Act of 1957” substitute “section 286 of the Housing Act 1985”;

• (c) in subsections (1) and (2) for “Part III” wherever occurring substitute “Part IX”.

Industrial and Provident Societies Act 1965 (c.12)

8

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Compulsory Purchase Act 1965 (c.56)

9

In section 27 of the Compulsory Purchase Act 1965 (acquiring authority to make good deficiency in rates), in subsection (1) (excepted cases) for “an acquisition of land under the Housing Act 1957” substitute “an acquisition of land under any Part of the Housing Act 1985 other than Part VIII (area improvement)”.

Housing (Scotland) Act 1966 (c.49)

10

• (1) The Housing (Scotland) Act 1966 is amended as follows.

• (2) Sections 162, 165, 177, 178, 186, 193 and 194 (general provisions with respect to housing functions of local authorities) apply in relation to sections 59 and 61 of the Housing Associations Act 1985 (functions of local authorities in relation to housing associations) as they apply in relation to provisions of the 1966 Act.

• (3) In section 175(2) (compulsory purchase by Scottish Special Housing Association at request of Housing Corporation), for “section 3(5) of the Housing Act 1974” substitute “section 88(5) of the Housing Associations Act 1985”.

• (4) In section 208(1) (general interpretation), for the definition of “housing association” substitute—

“housing association” has the same meaning as in the Housing Associations Act 1985;

.

General Rate Act 1967 (c.9)

11

In Schedule 13 to the General Rate Act 1967 (determination whether premises used as a private dwelling), in paragraph 2(1) (hereditaments used for letting of rooms)—

• (a) in paragraph (b) after “the Act” insert “or in accordance with applications approved under section 18 of the Housing Act 1969”;

• (b) in paragraph (c) after “that Act” insert “or in respect of which grants or contributions have been made to a housing association under Part I of the Housing Act 1969”.

Leasehold Reform Act 1967 (c.88)

12

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Building Societies Act (Northern Ireland) 1967 (c.31) (N.I.)

13

• (1) Schedule 3 to the Building Societies Act (Northern Ireland) 1967 (permitted classes of additional security) is amended as follows.

• (2) In paragraph 3(2)(b) (guarantees given under certain enactments: England and Wales) for "section 111 of the Housing Act 1980 " substitute " section 442 of the Housing Act 1985, section 84 of the Housing Associations Act 1985, section 111 of the Housing Act 1980 ".

• (3) In paragraph 3(2)(c) (guarantees given under certain enactments : Scotland) after " Scotland " insert " section 86 of the Housing Associations Act 1985. ".

• (4) For paragraph 14 substitute—

(14) An agreement under section 442 of the Housing Act 1985, section 84 of the Housing Associations Act 1985 or section 111 of the Housing Act 1980 (agreement by local authority or Housing Corporation to indemnify building society on mortgagor's default).

.

• (5) In paragraph 15 after " 1980 " insert " or section 86 of the Housing Associations Act 1985 ".

Greater London Council (General Powers) Act 1967 (c.xx)

14

In section 15 of the Greater London Council (General Powers) Act 1967 (application of provisions of Compulsory Purchase Act 1965 to acquisition by agreement of land for certain housing purposes), in subsection (1) for “Part V of the Act of 1957”, in both places where it occurs, and for “the said Part V”, substitute “Part II of the Housing Act 1985”.

National Loans Act 1968 (c.13)

15

In Schedule 4 to the National Loans Act 1968 (local loans), in paragraph 3 (certain loans for housing purposes) for the words from “or section 47” to the end substitute “, section 451 of the Housing Act 1985 or section 67 or 68 of the Housing Associations Act 1985 (certain loans for housing purposes)”.

Housing (Financial Provisions) (Scotland) Act 1968 (c.31)

16

• (1) Section 25 of the Housing (Financial Provisions) (Scotland) Act 1968 (advances to Scottish Special Housing Association) is amended as follows.

• (2) In subsection (1)(d) advances where Association act as agent for Housing Corporation) for “section 11(1) of the Housing Act 1964” substitute “section 100 of the Housing Associations Act 1985.”.

• (3) For subsection (4) (application of financial and accounting provisions) substitute—

(4) The Treasury may issue to the Secretary of State out of the National Loans Fund such sums as are necessary to enable him to make advances under this section; and any sums received by the Secretary of State in repayment of such advances shall be paiinto the National Loan Fund. (4A) The Secretary of State shall— (a) prepare in respect of each financial year an account in suc;h form and manner as the Treasury may direct, of sums issued to him for advances under this section, and of sums received by him under this section, and of the disposal by him of those sums respectively, and (b) send it to the Comptroller and Auditor-General not later than the end of November in the following financial year; and the Comptroller and Auditor-General shall examine, certify and report on the account and lay copies of it, together with his report, before each House of Parliament.

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Housing (Scotland) Act 1969 (c.34)

17

In section 59 of the Housing (Scotland) Act 1969 (exchequer contributions towards expenditure in improving residential areas), in subsection (8) (definitions: “housing association”) for “Housing Act 1974” substitute “Housing Associations Act 1985”.

Income and Corporation Taxes Act 1970 (c.10)

18

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Local Authority Social Services Act 1970 (c.42)

19

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Chronically Sick and Disabled Persons Act 1970 (c.44)

20

For section 3 of the Chronically Sick and Disabled Persons Act 1970 (Duties of housing authorities) substitute—

(3) (1) A local housing authority in discharging their duty under section 8 of the Housing Act 1985 to consider housing conditions in their district and the needs of their district with respect to the provision of further housing accommodation shall have regard to the special needs of chronically sick or disabled persons. (2) A local authority for the purposes of Part VII of the Housing (Scotland) Act 1966 in discharging their duty under section 137 of that Act to consider housing conditions in their district and the needs of their district with respect to the provision of further housing accommodation shall have regard to the special needs of chronically sick or disabled persons; and any proposals prepared and submitted to the Secretary of State by the authority under that section for the provision of new houses shall distinguish any houses which the authority propose to provide which make special provision for the needs of such persons.

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Fire Precautions Act 1971 (c. 40)

21

• (1) Section 36 of the Fire Precautions Act 1970 (loans to meet expenditure on certain alterations) is amended as follows.

• (2) For subsection (8) (terms of loan) substitute—

(8) The local authority’s offer may in particular include provision— (a) for the advance to be made by instalments from time to time as the alterations progress; (b) for repayment either by instalments of principal or by an annuity of principal and interest combined; (c) that in the event of any of the conditions subject to which the advance is made not being complied with, the balance for the time being unpaid shall become repayable on demand by the local authority; (d) that the balance for the time being unpaid may be repaid on one of the usual quarter days by the person for the time being entitled to the equity of redemption after one month’s written notice of intention to repay has been given to the local authority.

.

• (3) In subsection (9) (application to Scotland) for paragraph (d) substitute—

(d) in subsection (8) for “on one of the usual quarter days” there shall be substituted “any term of Whitsunday or Martinmas” and for “the person for the time being entitled to the equity of redemption” there shall be substituted “the debtor”.

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Town and Country Planning Act 1971 (c.78)

22

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Local Government Act 1972 (c.70)

23

In section 131(2) of the Local Government Act 1972 (saving for special provisions regulating land transactions), after paragraph (l3) insert—

(m) the Housing Act 1985

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Land Compensation Act 1973 (c.26)

24

• (1) The Land Compensation Act 1973 is amended as follows.

• (2) In section 29 (home loss payments)—

• (a) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

• (b) for subsection (1)(d) (improvement &c. by certain housing associations) substitute—

(d) the carrying out of any improvement to the dwelling or of redevelopment on the land by a housing association which has previously acquired the land and at the date of the displacement is registered under the Housing Associations Act 1985

;

• (c) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

• (d) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

• (3) In section 37 (disturbance payments)—

• (a) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

• (b) for subsection (1)(d) (improvement &c. by ;certain housing associations) substitute—

(d) the carrying out of any improvement to a house or building on the land or of re-development on the land by a housing association which has previously acquired the land and at the date of the displacement is registered under the Housing Associations Act 1985;

;

• (c) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

• (d) after subsection (2)(c) there shall continue to be—