Legalize / United Kingdom / Public General Act

Housing and Planning Act 1986

Type Public General Act

Publication 2013-10-01

State In force

Department Statute Law Database

Source legislation.gov.uk

articles Not indexed

(101B) (1) Subject to subsection (2) below, where it appears to the hazardous substances authority that there is or has been a contravention of hazardous substances control, they may issue a hazardous substances contravention notice if they consider it expedient to do so having regard to any material consideration. (2) A hazardous substances authority shall net issue a hazardous substances contravention notice where it appears to them that a contravention of hazardous substances control can be avoided only by the taking of action amounting to a breach of a statutory duty. (3) In this Act " hazardous substances contravention notice " means a notice— (a) specifying an alleged contravention of hazardous substances control; and (b) requiring such steps as may be specified in the notice to be taken to remedy the contravention. (4) A copy of a hazardous substances contravention notice shall be served— (a) on the owner of the land to which it relates ; (b) on any person other than the owner who appears to the hazardous substances authority to be in control of that land ; and (c) on such other persons as may be prescribed. (5) A hazardous substances contravention notice shall also specify— (a) a date not less than 28 days from the date of service of copies of the notice as the date on which it is to take effect; (b) in respect of each of the steps required to be taken to remedy the contravention of hazardous substances control, the period from the notice taking effect within which the step is to be taken. (6) Where a hazardous substances authority issue a hazardous substances contravention notice the steps required by the notice may, without prejudice to the generality of subsection (3) (b) above, if the authority think it expedient, include a requirement that the hazardous substance be removed from the land. (7) Where a notice includes such a requirement, it may also contain a direction that at the end of such period as may be specified in the notice any hazardous substances consent for the presence of the substance shall cease to have effect or, if it relates to more than one substance, shall cease to have effect so far as it relates to the substance which is required to be removed. (8) The hazardous substances authority may withdraw a hazardous substances contravention notice (without prejudice to their power to issue another) at any time before it takes effect. (9) If they do so, they shall forthwith give notice of the withdrawal to every person who was served with a copy of the notice. (10) The Secretary of State may by regulations— (a) specify matters which are to be included in hazardous substances contravention notices, in addition to those which are required to be included in them by this section; (b) provide— (i) for appeals to him against hazardous substances contravention notices; (ii) for the persons by whom, grounds upon which and time within which such an appeal may be brought; (iii) for the procedure to be followed on such appeals; (iv) for the directions that may be given on such an appeal; (v) for the application to such appeals, subject to such modifications as the regulations may specify, of any of the provisions of sections 88 to 88B, 243 and 246 of this Act; (c) direct that any of the provisions of sections 89 to 93 of this Act shall have effect in relation to hazardous substances contravention notices subject to such modifications as he may specify in the regulations; (d) make such other provision as he considers necessary or expedient in relation to hazardous substances contravention notices. (11) If any person appeals against a hazardous substances contravention notice, the notice shall be of no effect pending the final determination or the withdrawal of the appeal. (12) Regulations under this section may make different provision for different cases or descriptions of cases.

Consequential amendments

33

The enactments mentioned in Part I of Schedule 7 to this Act shall have effect with the amendments there specified, being amendments consequential on the provisions of this Part of this Act.

Transitional

34

(1) Until the end of the transitional period—

(a) no offence is committed under section 58K of the Town and Country Planning Act 1971; and

(b) no hazardous substances contravention notice may be issued, in relation to a hazardous substance which is on, under or over any land,

if the substance was present on, under or over the land at any time within the establishment period and—

(i) in a case in which at the commencement date notification in respect of the substance was required by any of the Notification Regulations, both the conditions specified in subsection (2) below were satisfied ; and

(ii) in a case in which at that date such notification was not so required, the condition specified in paragraph (b) of that subsection is satisfied.

(2) The conditions mentioned in subsection (1) above are—

(a) that notification required by the Notification Regulations was given before the commencement date ; and

(b) that the substance has not been present during the transitional period in a quantity greater in aggregate than the established quantity.

(3) Where a hazardous substance was present on, under or over any land at any time within the establishment period, hazardous substances consent may be claimed in respect of its presence.

(4) A claim shall be made in the prescribed form before the end of the transitional period and shall contain the prescribed information as to the presence of the substance during the establishment period and as to how and where it was kept and used immediately before the commencement date.

(5) Subject to subsections (6) to (8) below, the hazardous substances authority shall be deemed to have granted any hazardous substances consent which is claimed under subsection (3) above.

(6) If at the commencement date notification in respect of the substance was required by regulation 3 or 5 of the Notification Regulations, hazardous substances consent is only to be deemed to be granted under this section if notification in respect of the substance was given before that date in accordance with those regulations.

(7) If at the commencement date such notification was not so required, hazardous substances consent is only to be deemed to be granted under this section if an aggregate quantity of the substance not less than the controlled quantity was present at any one time within the establishment period.

(8) If it appears to the hazardous substances authority that a claim for hazardous substances consent does not comply with subsection (4) above, it shall be their duty, before the end of the period of two weeks from their receipt of the claim.—

(a) to notify the claimant that in their opinion the claim is invalid; and

(b) to give him their reasons for that opinion.

(9) Hazardous substances consent which is deemed to be granted under this section is subject to the conditions that—

(a) the maximum aggregate quantity of the substance that may be present—

(i) on, under or over the land to which the claim relates ;

(ii) on, under or over other land which is within 500 metres of it and controlled by the same person ; or

(iii) in or on a structure controlled by the same person any part of which is within 500 metres of it, at any one time shall not exceed the established quantity ; and

(b) the substance shall be kept and used in the place and manner in which information supplied in pursuance of regulations made by virtue of subsection (4) above shows that it was kept and used immediately before the commencement date, and

(c) none of the substance shall be kept or used in a container greater in capacity than the container, or the largest of the containers, in which the substance was kept or used immediately before the commencement date.

(10) In this section—

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

" the establishment period" means the period of 12 months immediately preceding the commencement date;

" established quantity " means, in relation to any land— where before the commencement date there has been a notification in respect of a substance in accordance with any of the Notification Regulations— the quantity notified or last notified before the commencement date ; or a quantity equal to twice the quantity which was so notified or last notified before the start of the establishment period, whichever is the greater ; where a notification was not required before that date by any of those regulations, a quantity exceeding by 50 per cent, the maximum quantity which was present on, under or over the land at any one time within the establishment period;

" Notification Regulations " means the Notification of Installations Handling Hazardous Substances Regulations 1982;

" the transitional period " means the period of 6 months beginning with the commencement date ;

and other expressions have the same meanings as in the Town and Country Planning Act 1971.

Scotland

Hazardous substances-Scotland

35

Hazardous substances contravention notices

36

Consequential amendments

37

Transitional (Scotland)

38

Part V — Opencast Coal

Abolition of Secretary of State's power to authorise opencast working,

39

(1) The following provisions of the Opencast Coal Act 1958 (“the 1958 Act”) shall cease to have effect—

(a) sections 1 and 2 (authorisation by Secretary of State of opencast working of coal and associated provisions); and

(b) section 9(2) (buildings on land comprised in a compulsory rights order),

but this subsection does not affect a direction given under section 2 of the 1958 Act before the day on which the repeal of that section by paragraph (a) above comes into operation, and any repeal by this Act of an enactment which relates to directions under section 2 of the 1958 Act shall have no effect in relation to directions whose effect is continued by this subsection.

(2) The repeal of section 2(4) of the 1958 Act shall not prevent the felling of a tree that could not have been felled but for paragraph (a) of that subsection (which negatived tree preservation orders).

(3) The 1958 Act shall have effect with the amendments specified in Part I of Schedule 8 to this Act and section 29 of the Acquisition of Land Act 1981 shall have effect with the amendments specified in Part II of that Schedule.

(4) The enactments specified in Part II of Schedule 12 to this Act (which include enactments already obsolete or unnecessary) are repealed to the extent specified in the third column of that Schedule.

Part VI — Miscellaneous Provisions

England and Wales

Listed buildings and conservation areas

40

The enactments relating to listed buildings and conservation areas are amended in accordance with Part I of Schedule 9 with respect to the following matters—

(a) the treatment of free-standing objects and structures within the curtilage of a listed building;

(b) the scope of the exception for urgent works to a listed building;

(d) applications for the variation or discharge of conditions attached to listed building consent;

(e) the extent of the exemption accorded to ecclesiastical buildings;

(f) dangerous structure orders in respect of listed buildings;

(g) the power of a local authority, the Secretary of State or the Historic Buildings and Monuments Commission for England to carry out urgent works for the preservation of a building;

(h) the control of demolition in a conservation area;

(i) the form of an application for listed building consent; and

(j) the powers of the Secretary of State with respect to applications for listed building consent.

Local plans and unitary development plans

41

Recovery of Ministers' costs in connection with inquiries

42

(1) The following provisions of this section apply where a Minister is authorised under or by virtue of any of the following statutory provisions to recover costs incurred by him in relation to an inquiry—

(a) section 250(4) of the Local Government Act 1972 (general provision as to costs of inquiries),

(b) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

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

(e) any other statutory provision to which this section is applied by order of the Minister.

(2) What may be recovered by the Minister is the entire administrative cost of the inquiry, so that, in particular—

(a) there shall be treated as costs incurred in relation to the inquiry such reasonable sum as the Minister may determine in respect of the general staff costs and overheads of his department, and

(b) there shall be treated as costs incurred by the Minister holding the inquiry any costs incurred in relation to the inquiry by any other Minister or government department and, where appropriate, such reasonable sum as that Minister or department may determine in respect of general staff costs and overheads.

(3) The cost of an inquiry which does not take place may be recovered by the Minister from any person who would have been a party to the inquiry to the same extent, and in the same way, as the cost of an inquiry which does take place.

(4) The Minister may by regulations prescribe for any description of inquiry a standard daily amount and where an inquiry of that description does take place what may be recovered is—

(a) the prescribed standard amount in respect of each day (or an appropriate proportion of that amount in respect of a part of a day) on which the inquiry sits or the person appointed to hold the inquiry is otherwise engaged on work connected with the inquiry,

(b) costs actually incurred in connection with the inquiry on travelling or subsistence allowances or the provision of accommodation or other facilities for the inquiry,

(d) any legal costs or disbursements incurred or made by or on behalf of the Minister in connection with the inquiry.

(5) An order or regulations under this section shall be made by statutory instrument which shall be subject to annulment in pursuance of a resolution of either House of Parliament.

(6) An order applying this section to a statutory provision may provide for the consequential repeal of so much of that provision, or any other provision, as restricts the sum recoverable by the Minister in respect of the services of any officer engaged in the inquiry or is otherwise inconsistent with the application of the provisions of this section.

Compulsory acquisition of land on behalf of parish or community councils

43

For section 125 of the Local Government Act 1972 (compulsory acquisition of land on behalf of parish or community councils) substitute—

(125) (1) If a parish or community council are unable to acquire by agreement under section 124 above and on reasonable terms suitable land for a purpose for which they are authorised to acquire land other than— (a) the purpose specified in section 124(1)(b) above, or (b) a purpose in relation to which the power of acquisition is by an enactment expressly limited to acquisition by agreement, they may represent the case to the council of the district in which the parish or community is situated. (2) If the district council are satisfied that suitable land for the purpose cannot be acquired on reasonable terms by agreement, they may be authorised by the Secretary of State to purchase compulsorily the land or part of it; and the Acquisition of Land Act 1981 shall apply in relation to the purchase. (3) The district council in making and the Secretary of State in confirming an order for the purposes of this section shall have regard to the extent of land held in the neighbourhood by an owner and to the convenience of other property belonging to the same owner and shall, as far as practicable, avoid taking an undue or inconvenient quantity of land from any one owner. (4) The order shall be carried into effect by the district council but the land when acquired shall be conveyed to the parish or community council; and accordingly in construing for the purposes of this section and of the order any enactment applying in relation to the compulsory acquisition, the parish or community council or the district council, or the two councils jointly, shall, as the case may require, be treated as the acquiring authority. (5) The district council may recover from the parish or community council the expenses incurred by them in connection with the acquisition of land under this section. (6) If a parish or community council make representations to a district council with a view to the making of an order under this section and the district council— (a) refuse to make an order, or (b) do not make an order within 8 weeks from the making of the representations or such longer period as may be agreed between the two councils, the parish or community council may petition the Secretary of State who may make the order, and this section and the provisions of the Acquisition of Land Act 1981 shall apply as if the order had been made by the district council and confirmed by the Secretary of State. (7) In the application of this section to a parish or community council for a group of parishes or communities— (a) references to the parish or community shall be construed as references to the area of the group, and (b) if different parts of the area of the group lie in different districts, references to the council of the district in which the parish or community is situated shall be construed as references to the councils of each of the districts acting jointly.

Overhead electricity lines

44

Control of advertisements: experimental areas

45

Land adversely affecting amenity of neighbourhood

46

For section 65 of the Town and Country Planning Act 1971 (proper maintenance of waste land), and the heading preceding it, substitute—

(65) (1) If it appears to the local planning authority that the amenity of a part of their area, or of an adjoining area, is adversely affected by the condition of land in their area, they may serve on the owner and occupier of the land a notice under this section. (2) The notice shall require such steps for remedying the condition of the land as may be specified in the notice to be taken within such period as may be so specified. (3) Subject to the provisions of Part V of this Act, the notice shall take effect at the end of such period (not being less than 28 days after the service of the notice) as may be specified in the notice. (4) In non-metropolitan counties the functions of the local planning authority under this section are exercisable by the district planning authorities.

Areas which may be designated, urban development areas

47

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Repeal of unnecessary enactments

48

(1) The following enactments are repealed—

(a) section 52 of the Requisitioned Land and War Works Act 1945 and paragraph 10 of the Schedule to the Requisitioned Land and War Works Act 1948 (reimbursement of expense of restoring land affected by war works, &c.);

(b) sections 66 to 72 of the Town and Country Planning Act 1971 (special control over industrial development);

(2) The repeal does not affect the operation—

(a) of section 52 of the Requisitioned Land and War Works Act 1945 or paragraph 10 of the Schedule to the Requisitioned Land and War Works Act 1948 in relation to undertakings given before the repeal;

(b) of sections 250 to 252 of the 1971 Act in relation to land for which approval for the purposes of regulations under section 250 was sought before 1st April 1986.

Minor and consequential amendments; repeals

49

(1) The Town and Country Planning Act 1971, and certain related enactments, are amended in accordance with Part I of Schedule 11 with respect to the following matters—

(a) the operation of the Use Classes Order on the subdivision of the planning unit;

(b) the provision which may be made by development orders;

(d) applications to vary or revoke conditions attached to planning permission;

(e) the procedure on appeals and applications disposed of without a local inquiry or hearing;

(f) purchase notices;

(g) local inquiries;

(h) the determination of appeals by inspectors; and

(i) daily penalties for offences;

and that Part also contains amendments consequential on the provisions of this Part.

(2) The enactments specified in Part III of Schedule 12 are repealed to the extent specified.

Scotland

Listed buildings and conservation areas

50

Grants for repair of buildings in town schemes

51

Termination of grants for redevelopment etc.

52

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Minor and consequential amendments; repeals

53

(1) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(2) The enactments mentioned in Part IV of Schedule 12 to this Act are repealed to the extent specified.

Provisions common to England and Wales and Scotland

Effect of modification or termination of enterprise zone scheme

54

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Discrimination in exercise of planning functions

55

— In Part III of the Race Relations Act 1976 (discrimination in fields other than employment), after section 19 insert—

(19A) (1) It is unlawful for a planning authority to discriminate against a person in carrying out their planning functions. (2) In this section “planning authority” means— (a) in England and Wales, a county, district or London borough council, a joint planning board, a special planning board or a National Park Committee, and (b) in Scotland, a planning authority or regional planning authorit, and includes an urban development corporation and a body having functions (whether as an enterprise zone authority or a body invited to prepare a scheme) under Schedule 32 to the Local Government, Planning and Land Act 1980. (3) In this section “planning functions” means— (a) in England and Wales, functions under the Town and Country Planning Act 1971, and such other functions as may be prescribed, and (b) in Scotland, functions under the Town and Country Planning (Scotland) Act 1972 or Part IX of the Local Government (Scotland) Act 1973, and such other functions as may be prescribed, and includes, in relation to an urban development corporation, planning functions under Part XVI of the Local Government, Planning and Land Act 1980 and, in relation to an enterprise zone authority or body invited to prepare an enterprise zone scheme, functions under Part XVIII of that Act.

Part VII — General Provisions

Financial provisions

56

(1) There shall be paid out of money provided by Parliament any 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) Any sums received by the Secretary of State under this Act shall be paid into the Consolidated Fund.

(3) 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.

Commencement

57

(1) The following provisions of this Act come into force on the day this Act is passed—

section 21 (effect of resolutions relating to housing action area or general improvement area);

section 24(1)(j), paragraphs 10 to 13 of Schedule 5, the repeals specified in the first part of Part I of Schedule 12 and section 24(3) so far as relating to those repeals (miscellaneous corrections);

section 52 (termination of grants for redevelopment in Scotland);

this Part.

(2) The other provisions of this Act come into force on such day as may be appointed by the Secretary of State by order made by statutory instrument and—

(a) different days may be appointed for different provisions or different purposes; and

(b) an order may make such transitional provision as the Secretary of State thinks appropriate.

(3) For the purpose of any transitional provision in this Act or an order which refers to the date of service of a notice under the Housing Act 1985, no account shall be taken of any steps taken under section 177 of that Act (amendment or withdrawal and re-service of notice to correct mistakes).

Extent

58

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

Part I (housing), except section 3, paragraphs 10(7), 14 and 17 of Schedule 5 and the associated repeals in Part I of Schedule 12;

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . ;

. . .

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . ;

Part V (opencast coal);

in Part VI (miscellaneous provisions), sections 40 to 49, 54 and 55, Part I of Schedule 9, ... Part I of Schedule 11 and Part III of Schedule 12;

this Part.

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

in Part I (housing), sections 3, 19 and 22, paragraphs 8, 10(7), 13, 14, 17, 18 and 42 of Schedule 5 and the associated repeals in Part I of Schedule 12;

. . .

. . .

. . .

Part V (opencast coal), except so far as it repeals enactments which extend to England and Wales only;

in Part VI (miscellaneous provisions), sections 50 to 55, . . ., ... and Part IV of Schedule 12;

this Part.

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

section 22 (amendments of Consumer Credit Act 1974), paragraph 18 of Schedule 5 (amendment relating to stamp duty),

this Part.

Short title

59

This Act may be cited as the Housing and Planning Act 1986.

SCHEDULE 1

SCHEDULE 2

SCHEDULE 3

Part I — Amendments of Part XV of the Housing Act 1985

1

(1) Section 460 of the Housing Act 1985 (general description of main grants) is amended as follows.

(2) In subsection (1) omit the word “and” after the reference to special grants and after the reference to repairs grants insert “common parts grants (sections 498A to 498G)”.

(3) In subsection (2) for paragraphs (b) and (c) substitute—

(b) the improvement or repair of dwellings, (c) the improvement or repair of the common parts of a building including one or more flats, and

2

In section 462(1) of the Housing Act 1985 (preliminary condition for grants: the age of the property), after paragraph (b) insert

, or (c) a common parts grant in respect of a building which was erected after 2nd October 1961,

3

In section 463(1) of the Housing Act 1985 (preliminary condition for eligibility for grant: the interest of the applicant in the property) for “may entertain an application for a grant only if” substitute “shall not entertain an application for a grant, other than an application for a common parts grant, unless”.

4

After section 464 of the Housing Act 1985 insert—

(464A) (1) A local housing authority shall not entertain an application for a common parts grant unless they are satisfied as regards the relevant works that the applicant either— (a) has a duty to carry them out, or (b) has power to carry them out and has a qualifying interest in the building or in a dwelling in the building, and that, at the date of the application, at least the required proportion of the dwellings in the building is occupied by tenants. (2) The following are qualifying interests for the purposes of subsection (1)(b)— (a) an estate in fee simple absolute in possession; (b) a term of years absolute of which not less than five years remains unexpired at the date of the application; (c) a tenancy to which section 1 of the Landlord and Tenant Act 1954 applies (long tenancies at low rents); (d) a protected tenancy, a secure tenancy, a protected occupancy or a statutory tenancy; (e) a tenancy which satisfies such conditions as may be prescribed by order of the Secretary of State. (3) The required proportion mentioned in subsection (1) is three-quarters or such other proportion as may be— (a) prescribed for the purposes of this section by order of the Secretary of State, or (b) approved by him, in relation to a particular case or description of case, on application by the local housing authority; and “tenant” for the purposes of that requirement means a person who has an interest within any of paragraphs (b) to (e) of subsection (2) by virtue of which he occupies a dwelling in the building as his only or main residence. (4) An order under this section— (a) may make different provision with respect to different cases or descriptions of case, including different provision for different areas, and (b) shall be made by statutory instrument which shall be subject to annulment in pursuance of a resolution of either House of Parliament. (5) This section has effect subject to section 513 (parsonages, applications by charities, &c.).

5

In section 466(1) of the Housing Act 1985 (grants requiring consent of the Secretary of State) for “or intermediate grant” substitute “, intermediate grant or common parts grant”.

6

After section 498 of the Housing Act 1985 insert—

(498A) (1) The works for which a common parts grant may be given are works required for the improvement or repair of the common parts of a building in which there are one or more flats, other than works for the provision of a dwelling. (2) For this purpose— (a) “flat” means a dwelling which is a separate set of premises, whether or not on the same floor, divided horizontally from some other part of the building, and (b) “common parts” includes the structure and exterior of the building and common facilities provided, whether in the building or elsewhere, for persons who include the occupiers of one or more dwellings in the building. (498B) (1) The local housing authority shall not, without the consent of the Secretary of State, approve an application for a common parts grant in respect of a building unless they are satisfied that on completion of the relevant works the common parts of the building will be in reasonable repair. (2) The Secretary of State’s consent to the approval of applications where that standard will not be attained may be given in particular cases or in relation to descriptions of case. (3) If in the opinion of the authority the relevant works are more extensive than is necessary for the purpose of securing that the common parts of the building will attain that standard, the authority may, with the consent of the applicant, treat the application as varied so that the relevant works include only such works as seem to the authority necessary for that purpose; and they may then approve the application as so varied. (498C) (1) The local housing authority shall not approve an application for a common parts grant in respect of a building if, on the date of the application, the average rateable value of the dwellings in the building exceeds the limit specified for the purposes of this section by order of the Secretary of State. (2) The consent of the Treasury is required for the making of an order. (3) An order— (a) may make different provision with respect to different cases or descriptions of case, including different provision for different areas, and (b) shall be made by statutory instrument which shall be subject to annulment in pursuance of a resolution of either House of Parliament. (4) For the purposes of this section— (a) where a dwelling is a hereditament for which a rateable value is shown in the valuation list, the rateable value is the value shown; (b) where a dwelling forms part only of such a hereditament, or consists of or forms part of more than one such hereditament, the rateable value is such value as the local housing authority, after consultation with the applicant as to an appropriate apportionment or aggregation, shall determine. (5) This section does not apply to buildings in housing action areas. (498D) (1) A local housing authority may approve an application for a common parts grant in such circumstances as they think fit. (2) Subsection (1) has effect subject to the following provisions (which restrict the cases in which applications may be approved)— - section 465 (works already begun), - section 466 (cases in which consent of Secretary of State is required), - section 498B (standard of repair to be attained), and - section 498C (rateable value limit). (498E) (1) Where a local housing authority approve an application for a common parts grant, they shall determine the amount of the expenses which in their opinion are proper to be incurred for the execution of the relevant works and shall notify the applicant of that amount. (2) If, after an application for a grant has been approved, the authority are satisfied that owing to circumstances beyond the control of the applicant the relevant works will not be carried out on the basis of the estimate contained in the application, they may, on receiving a further estimate, redetermine the estimated expense in relation to the grant. (3) If the applicant satisfies the authority that— (a) the relevant works cannot be, or could not have been, carried out without carrying out additional works, and (b) this could not have been reasonably foreseen at the time the application was made, the authority may determine a higher amount under subsection (1). (498F) (1) Except in a case or description of case in respect of which the Secretary of State approves a higher eligible expense, the eligible expense for the purposes of a common parts grant is so much of the estimated expense as does not exceed the prescribed amount. (2) In subsection (1) “the prescribed amount” means an amount prescribed, or ascertained in a manner prescribed, by order of the Secretary of State. (3) An order— (a) may make different provision with respect to different cases or descriptions of case, including different provision for different areas, and (b) shall be made by statutory instrument which shall be subject to annulment in pursuance of a resolution of the House of Commons. (498G) (1) The amount of a common parts grant shall be fixed by the local housing authority when they approve the application, and shall not exceed the appropriate percentage of the eligible expense. (2) The authority shall notify the applicant of the amount of the grant together with the notification under section 498E(1) (notification of estimated expense of relevant works). (3) Where the authority redetermine the amount of the estimated expense under section 498E(2) (new estimate where works cannot be carried out in accordance with original estimate), they shall make such other adjustments relating to the amount of the grant as appear to them to be appropriate; but the amount of the grant shall not be increased beyond the amount which could have been notified when the application was approved if the estimate contained in the application had been of the same amount as the further estimate. (4) Where the authority redetermine the amount of the estimated expense under section 498E(3) (redetermination where additional works prove necessary), the eligible expense under section 498F shall be recalculated and if on the recalculation the amount of the eligible expense is greater than it was at the time when the application was approved, the amount of the grant shall be increased and the applicant notified accordingly.

7

In section 499(3) of the Housing Act 1985 for “this Part” substitute “the following provisions of this Part down to section 507”.

8

In section 511 of the Housing Act 1985 (payment of grants: general), in subsection (3)(b) for “or repairs grant” substitute “, repairs grant or common parts grant”.

9

In section 513 of the Housing Act 1985 (special cases: parsonages, applications by charities, &c.), in subsection (2) (provisions disapplied) after the reference to section 464 omit the word “and” and insert—

so much of section 464A(1)(b) (preliminary conditions for application for common parts grant) as requires the applicant to have a qualifying interest in the premises, and

10

(1) Section 514 of the Housing Act 1985 (power of local housing authority to carry out works with agreement of person by whom application for grant might be made) is amended as follows.

(2) For subsection (2) (definition of “requisite interest”) substitute—

(2) The reference in subsection (1) to a person having the requisite interest is, except in the case of a common parts grant, to a person who has an owner’s interest in every parcel of land on which the relevant works are to be carried out; and in this subsection “owner’s interest” has the same meaning as in section 463(1)(a). (2A) The reference in subsection (1) to a person having the requisite interest is in the case of a common parts grant to a person who as regards the relevant works either— (a) has a duty to carry them out, or (b) has power to carry them out and has a qualifying interest in the building or in a dwelling in the building; and in this subsection “qualifying interest” has the same meaning as in section 464A(1)(b).

11

In section 515 of the Housing Act 1985, for subsections (2) and (3) (effect on grant of disposal by applicant of his interest in the property) substitute—

(2) Where an application for a grant is approved but before the certified date the applicant ceases to be a person entitled to apply for a grant of that description— (a) in the case of an improvement grant, intermediate grant, special grant or repairs grant, no grant shall be paid or, as the case may be, no further instalments shall be paid, and (b) in the case of a common parts grant, the local housing authority may refuse to pay the grant or any further instalment, and the authority may demand that any instalment of the grant which has been paid be repaid forthwith, together with interest from the date on which it was paid until repayment at such reasonable rate as the authority may determine. (3) In subsection (2) “the certified date” means the date certified by the local housing authority as the date on which the dwelling, house or, as the case may be, the common parts of the building, first become fit for occupation or use after the completion of the relevant works to the satisfaction of the authority. (4) For the purposes of subsection (2) an applicant ceases to be a person entitled to apply for a grant, other than a common parts grant, if he— (a) ceases to have an owner’s interest in every parcel of land on which the relevant works are to be or have been carried out, or (b) ceases to be a tenant of the dwelling; and in this subsection “owner’s interest” and “tenant” have the same meaning as in section 463(1)(a) and (b). (5) For the purposes of subsection (2) an applicant ceases to be a person entitled to apply for a common parts grant if he— (a) ceases to have a duty to carry out the relevant works, or (b) ceases to have power to carry them out or to have a qualifying interest in the building or in a dwelling in the building; and in this subsection “qualifying interest” has the same meaning as in section 464A(1)(b).

12

In section 518 of the Housing Act 1985 (meaning of “dwelling for a disabled occupant” and related expressions), for subsection (3) substitute—

(3) In this Part “improvement”— (a) in relation to a dwelling for a disabled occupant, includes the doing of works required for making the dwelling suitable for his accommodation, welfare or employment, and (b) in relation to the common parts of a building which includes such a dwelling, includes the doing of works required for making the common parts suitable for use by a disabled occupant of a dwelling.

13

Renumber section 519 of the Housing Act 1985 (meaning of “reasonable repair”) as subsection (1) of that section and after it insert—

(2) In determining what is “reasonable repair” in relation to the common parts of a building, a local housing authority shall have regard to— (a) the age and character of the building and the locality in which it is situated, and (b) the character of the dwellings in the building and the period during which they are likely to be available for use as dwellings, and shall disregard the state of internal decorative repair of the building and the dwellings in it.

14

(1) Section 526 of the Housing Act 1985 (the index to Part XV) is amended as follows.

(2) At the appropriate places insert—

“common parts (for the purposes of common parts grant)	section 498A(2)(b)”
“common parts grant	sections 460 and 498A”
“flat (for the purposes of common parts grant)	section 498A(2)(a)”

(3) In the second column of the entry relating to the expression “eligible expense” for “and 497” substitute “, 497 and 498F”.

Part II — Amendments of Other Enactments

15

In section 116 of the Rent Act 1977 (consent of tenant to carrying out of works), in subsection (3) (cases in which county court may empower landlord to enter in absence of consent), for “improvement or intermediate grant” substitute “improvement grant, intermediate grant or common parts grant”.

16

(1) Part IV of the Housing Act 1985 (secure tenancies and rights of secure tenants) is amended as follows.

(2) In section 100 (power to reimburse cost of improvements carried out by tenant), in subsection (2) (cost to be net of grant), for “or repairs grant” substitute “, repairs grant or common parts grant”.

(3) In section 101 (rent not to be increased on account of improvements carried out by tenant), in the second part of subsection (1) (application of provision where improvement grant-aided), for “or repairs grant” substitute “, repairs grant or common parts grant”.

17

In section 244 of the Housing Act 1985 (powers of local housing authority with respect to environmental works in housing action area), in subsection (3) (no assistance for grant-aided works), for “or repairs grant” substitute “, repairs grant or common parts grant”.

18

In section 255 of the Housing Act 1985 (powers of local housing authority in general improvement area), in subsection (2)(b) (no assistance for grant-aided works) for “or repairs grant” substitute “, repairs grant or common parts grant”.

19

In section 535 of the Housing Act 1985 (exclusion of assistance under Part XVI (defective housing) where grant application pending under Part XV), in subsection (1)(a) for “or repairs grant” substitute, “repairs grant or common parts grant”.

SCHEDULE 4

The Rent Act 1977 (c.42)

1

(1) Part I of the Rent Act 1977 (preliminary provisions) is amended as follows.

(2) After section 5 insert—

(5A) (1) A tenancy is not a protected tenancy if it is a qualifying shared ownership lease, that is— (a) a lease granted in pursuance of the right to be granted a shared ownership lease under Part V of the Housing Act 1985, or (b) a lease granted by a housing association and which complies with the conditions set out in subsection (2) below. (2) The conditions referred to in subsection (1)(b) above are that the lease— (a) was granted for a term of 99 years or more and is not (and cannot become) terminable except in pursuance of a provision for re-entry or forfeiture; (b) was granted at a premium, calculated by reference to the value of the dwelling-house or the cost of providing it, of not less than 25 per cent., or such other percentage as may be prescribed, of the figure by reference to which it was calculated; (c) provides for the tenant to acquire additional shares in the dwelling-house on terms specified in the lease and complying with such requirements as may be prescribed; (d) does not restrict the tenant’s powers to assign, mortgage or charge his interest in the dwelling-house; (e) if it enables the landlord to require payment for outstanding shares in the dwelling-house, does so only in such circumstances as may be prescribed; (f) provides, in the case of a house, for the tenant to acquire the landlord’s interest on terms specified in the lease and complying with such requirements as may be prescribed; and (g) states the landlord’s opinion that by virtue of this section the lease is excluded from the operation of this Act. (3) The Secretary of State may by regulations prescribe anything requiring to be prescribed for the purposes of subsection (2) above. (4) The regulations may— (a) make different provision for different cases or descriptions of case, including different provision for different areas, and (b) contain such incidental, supplementary or transitional provisions as the Secretary of State considers appropriate, and shall be made by statutory instrument which shall be subject to annulment in pursuance of a resolution of either House of Parliament. (5) In any proceedings the court may, if of opinion that it is just and equitable to do so, treat a lease as a qualifying shared ownership lease notwithstanding that the condition specified in subsection (2)(g) above is not satisfied. (6) In this section— - “house” has the same meaning as in Part I of the Leasehold Reform Act 1967; - “housing association” has the same meaning as in the Housing Associations Act 1985; and - “lease” includes an agreement for a lease, and references to the grant of a lease shall be construed accordingly.

(3) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

The Rent (Agriculture) Act 1976 (c.80)

2

In Schedule 2 to the Rent (Agriculture) Act 1976 (licences and tenancies giving rise to protected occupancy), in paragraph 3 (adaptation of provisions of Rent Act 1977 as they apply for the purposes of the 1976 Act), after sub-paragraph (2) insert—

(2A) In section 5A (exclusion of certain shared ownership leases), in subsection (2)(g) (condition that lease states landlord’s opinion that 1977 Act does not apply) for the reference to the 1977 Act substitute a reference to this Act.

Part I of the Leasehold Reform Act 1967 (c.88)

3

In section 1 of the Leasehold Reform Act 1967 (tenants entitled to enfranchisement or extension), after subsection (1) insert—

(1A) The references in subsection (1)(a) and (b) to a long tenancy at a low rent do not include a tenancy excluded from the operation of this Part by section 33A of and Schedule 4A to this Act.

4

In section 3(2) of the Leasehold Reform Act 1967 after “long tenancy at a low rent” insert “(other than a lease excluded from the operation of this Part by section 33A of and Schedule 4A to this Act)”.

5

After section 33 of the Leasehold Reform Act 1967 insert—

(33A) The provisions of Schedule 4A to this Act shall have effect to exclude certain shared ownership leases from the operation of this Part of this Act

6

After Schedule 4 to the Leasehold Reform Act 1967 insert—

SCHEDULE 4A (1) A lease granted in pursuance of the right to be granted a shared ownership lease under Part V of the Housing Act 1985 is excluded from the operation of this Part of this Act. (2) (1) A lease which— (a) was granted at a premium by a body mentioned in sub-paragraph (2), and (b) complies with the conditions set out in sub-paragraph (3), is excluded from the operation of this Part at any time when the interest of the landlord belongs to such a body. (2) The bodies are— (a) a county, district or London borough council, the Common Council of the City of London or the Council of the Isles of Scilly; (b) the Inner London Education Authority or a joint authority established by Part IV of the Local Government Act 1985; (c) the Commission for the New Towns or a development corporation established by an order made, or having effect as made, under the New Towns Act 1981; (d) an urban development corporation within the meaning of Part XVI of the Local Government, Planning and Land Act 1980; (e) the Development Board for Rural Wales; (3) The conditions are that the lease— (a) provides for the tenant to acquire the freehold for a consideration which is to be calculated in accordance with the lease and which is reasonable, having regard to the premium or premiums paid by the tenant under the lease, and (b) states the landlord’s opinion that by virtue of this paragraph the tenancy will be excluded from the operation of this Part of this Act at any time when the interest of the landlord belongs to a body mentioned in sub-paragraph (2) above. (4) If, in proceedings in which it falls to be determined whether a lease complies with the condition in sub-paragraph (3)(a), the question arises whether the consideration payable by the tenant on acquiring the freehold is reasonable, it is for the landlord to show that it is. (3) (1) A lease granted by a housing association and which complies with the conditions set out in sub-paragraph (2) is excluded from the operation of this Part of this Act, whether or not the interest of the landlord still belongs to such an association. (2) The conditions are that the lease— (a) was granted for a term of 99 years or more and is not (and cannot become) terminable except in pursuance of a provision for re-entry or forfeiture; (b) was granted at a premium, calculated by reference to the value of the house or the cost of providing it, of not less than 25 per cent, or such other percentage as may be prescribed, of the figure by reference to which it was calculated; (c) provides for the tenant to acquire additional shares in the house on terms specified in the lease and complying with such requirements as may be prescribed; (d) does not restrict the tenant’s powers to assign, mortgage or charge his interest in the house; (e) if it enables the landlord to require payment for outstanding shares in the house, does so only in such circumstances as may be prescribed; (f) provides for the tenant to acquire the landlord’s interest on terms specified in the lease and complying with such requirements as may be prescribed; and (g) states the landlord’s opinion that by virtue of this paragraph the lease is excluded from the operation of this Part of this Act. (3) In any proceedings the court may, if of the opinion that it is just and equitable to do so, treat a lease as satisfying the conditions in sub-paragraph (2) notwithstanding that the condition specified in paragraph (g) of that sub-paragraph is not satisfied. (4) In this paragraph “housing association” has the same meaning as in the Housing Associations Act 1985. (4) (1) A lease for the elderly granted by a registered housing association and which complies with the conditions set out in sub-paragraph (2) is excluded from the operation of this Part of this Act at any time when the interest of the landlord belongs to such an association. (2) The conditions are that the lease— (a) is granted at a premium which is calculated by reference to a percentage of the value of the house or of the cost of providing it, (b) complies, at the time when it is granted, with such requirements as may be prescribed, and (c) states the landlord’s opinion that by virtue of this paragraph the lease will be excluded from the operation of this Part of this Act at any time when the interest of the landlord belongs to a registered housing association. (3) In this paragraph— - “lease for the elderly” has such meaning as may be prescribed; and - “registered housing association” has the same meaning as in the Housing Associations Act 1985. (5) (1) The Secretary of State may by regulations prescribe anything requiring to be prescribed for the purposes of this Schedule. (2) The regulations may— (a) make different provision for different cases or descriptions of case, including different provision for different areas, and (b) contain such incidental, supplementary or transitional provisions as the Secretary of State considers appropriate, and shall be made by statutory instrument which shall be subject to annulment in pursuance of a resolution of either House of Parliament. (6) In this Schedule “lease” means a lease at law or in equity, and references to the grant of a lease shall be construed accordingly

Consequential amendments and repeals

7

In the Housing Act 1980, omit section 140.

8

In the Local Government, Planning and Land Act 1980, omit section 156(3).

9

(1) The Local Government Act 1985 is amended as follows.

(2) In Schedule 13 (application of local authority provisions to residuary bodies), in paragraph 14, after sub-paragraph (a) insert—

(aa) paragraph 2 of Schedule 4A to the Leasehold Reform Act 1967;

and at the end of sub-paragraph (b) insert “and” and omit sub-paragraph (d) and the word “and” preceding it.

(3) In Schedule 14, omit paragraph 58(e).

10

In Part IV of the Housing Act 1985 (secure tenancies), in section 115 (meaning of “long tenancy”), in subsection (2)(c) after “1980” insert “or paragraph 3(2)(b) of Schedule 4A to the Leasehold Reform Act 1967”.

Transitional provisions and savings

11

(1) The amendments made by this Schedule apply only in relation to leases granted after the commencement of this Schedule.

(2) This Schedule does not affect the operation of section 140 of the Housing Act 1980, the enactments applying that section and regulations made under it, in relation to leases granted before the commencement of this Schedule.

SCHEDULE 5

Part I — Minor Amendments

Effect of covenant for repayment of discount

1

(1) In section 36 of the Housing Act 1985 (charge to secure repayment of discount given on voluntary disposal), after subsection (3) insert—

(3A) The covenant required by section 35 (covenant for repayment of discount) does not, by virtue of its binding successors in title of the purchaser, bind a person exercising rights under a charge having priority over the charge taking effect by virtue of this section, or a person deriving title under him; and a provision of the conveyance, grant or assignment, or of a collateral agreement, is void in so far as it purports to authorise a forfeiture, or to impose a penalty or disability, in the event of any such person failing to comply with the covenant.

(2) In section 156 of the Housing Act 1985 (charge to secure repayment of discount given on exercise of right to buy), after subsection (3) insert—

(3A) The covenant required by section 155 (covenant for repayment of discount) does not, by virtue of its binding successors in title of the tenant, bind a person exercising rights under a charge having priority over the charge taking effect by virtue of this section, or a person deriving title under him; and a provision of the conveyance or grant, or of a collateral agreement, is void in so far as it purports to authorise a forfeiture, or to impose a penalty or disability, in the event of any such person failing to comply with that covenant.

(3) In section 158 of the Housing Act 1985 (consideration for reconveyance or surrender of dwelling-house in National Park, etc. acquired in pursuance of right to buy) in subsection (3) (reduction of consideration where discount to be repaid or outstanding share to be paid for) after “shall be reduced” insert “, subject to subsection (4),”, and after that subsection insert—

(4) Where there is a charge on the dwelling-house having priority over the charge to secure payment of the sum due under the covenant mentioned in subsection (2), the consideration shall not be reduced under subsection (3) below the amount necessary to discharge the outstanding sum secured by the first-mentioned charge at the date of the offer to reconvey or surrender.

(4) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(5) The above amendments apply to covenants entered into before as well as after the commencement of this paragraph.

Acquisition of dwelling-house subject to statutory tenancy

2

In Part IV of the Housing Act 1985 (secure tenancies), before section 110 under the heading “Supplementary provisions” insert—

(109A) Where an authority or body within section 80 (the landlord condition for secure tenancies) becomes the landlord of a dwelling-house subject to a statutory tenancy, the tenancy shall be treated for all purposes as if it were a contractual tenancy on the same terms, and the provisions of this Part apply accordingly.

Landlord’s notice to mention any structural defect

3

In section 125 of the Housing Act 1985 (exercise of right to buy: landlord’s notice of purchase price and certain other matters), after subsection (4) insert—

(4A) The notice shall contain a description of any structural defect known to the landlord affecting the dwelling-house or the building in which it is situated or any other building over which the tenant will have rights under the conveyance or lease.

Re-service of notices, etc. on change of landlord in course of exercise of right to buy

4

(1) Section 137 of the Housing Act 1985 (change of landlord after notice claiming right to buy or right to a mortgage) is amended as follows.

(2) Make the existing provision subsection (1) and in it after “all parties shall” insert “, subject to subsection (2),”.

(3) After that subsection insert—

(2) If the circumstances after the disposal differ in any material respect, as for example where— (a) the interest of the disponee in the dwelling-house after the disposal differs from that of the disponor before the disposal, or (b) the right to a mortgage becomes exercisable against the Housing Corporation rather than the landlord, orvice versa, or (c) any of the provisions of Schedule 5 (exceptions to the right to buy) becomes or ceases to be applicable, all those concerned shall, as soon as practicable after the disposal, take all such steps (whether by way of amending or withdrawing and 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 they would have been if those circumstances had obtained before the disposal.

Deferment of completion in pursuance of right to buy

5

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Penalty for voting on certain housing matters

6

(1) In section 618(4) of the Housing Act 1985 (penalty for member of Common Council or committee voting on housing matter relating to land in which he is interested), for “level 2 on the standard scale” substitute “level 4 on the standard scale”.

(2) The above amendment does not apply to offences committed before the commencement of this paragraph.

7

In Schedule 3 to the Housing Act 1985 (grounds for withholding consent to assignment by way of exchange), after Ground 9 add—

The dwelling-house is the subject of a management agreement under which the manager is a housing association of which at least half the members are tenants of dwelling-houses subject to the agreement, at least half the tenants of the dwelling-houses are members of the association and the proposed assignee is not, and is not willing to become, a member of the association.

Grants for affording tax relief to housing associations

8

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Service charges in respect of the cost of grant-aided works

9

(1) In the Landlord and Tenant Act 1985, after section 20 insert—

(20A) Where relevant costs are incurred or to be incurred on the carrying out of works in respect of which a grant has been or is to be paid under Part XV of the Housing Act 1985 (grants for works of improvement, repair or conversion), the amount of the grant shall be deducted from the costs and the amount of the service charge payable shall be reduced accordingly.

(2) In section 21 of the Landlord and Tenant Act 1985 (request for summary of relevant costs), in subsection (5) (contents of summary) after “shall” insert “state whether any of the costs relate to works in respect of which a grant has been or is to be paid under Part XV of the Housing Act 1985 (grants for works of improvement, repair or conversion) and”.

(3) In section 47 of the Housing Act 1985 (limitation on service charges payable after disposal of house by public sector authority), after subsection (3) add—

(4) Where relevant costs are incurred or to be incurred on the carrying out of works in respect of which a grant has been or is to be paid under Part XV (grants for works of improvement, repair or conversion), the amount of the grant shall be deducted from the costs and the amount of the service charge payable shall be reduced accordingly.

(4) In section 48 of the Housing Act 1985 (request for summary of relevant costs), after subsection (3) (contents of summary) insert—

(3A) The summary shall also state whether any of the costs relate to works in respect of which a grant has been or is to be paid under Part XV (grants for works of improvement, repair or conversion).

Miscellaneous corrections

10

(1) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(2) In sections 207 and 322 of the Housing Act 1985, in the definition of “person having control” for “house” substitute “premises”.

(3) In section 251(5)(b) of the Housing Act 1985 after “housing action” insert “area”.

(4) In section 256(4)(b) of the Housing Act 1985 for “to the local planning authority” substitute “of the local planning authority”.

(5) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(6) In section 10(2)(b) of the Housing Associations Act 1985, for “Schedule 3 to the Housing Act 1985” substitute “Schedule 1 to the Housing Act 1985”.

(7) In paragraph 27 of Schedule 2 to the Housing (Consequential Provisions) Act 1985 for “(4)”, in both places where it occurs, substitute “(6)”.

(8) In Schedule 3 to the Housing (Consequential Provisions) Act 1985, after paragraph 2 insert—

(2A) Any order made under section 115(11) of the Housing Act 1974 (form of notice of compensation where land in clearance area deemed appropriated for provision of housing) which was in force immediately before the repeal of that section by this Act may be revoked or amended by regulations under section 614 of the Housing Act 1985 (general power to prescribe forms, etc. by regulations).

(9) The above amendments have effect from 1st April 1986.

11

(1) In sections 80(1)(a) and 81(1)(a), (3)(b) and (4)(b) of the Building Act 1984 (service of notices in respect of proposed demolition), after “demolition order” insert “or obstructive building order”.

(2) The above amendment to section 80 of the Building Act 1984 has effect from 1st April 1986.

12

In paragraph 14(2) of Schedule 11 and paragraph 8(2) of Schedule 22 to the Housing Act 1985 (procedure after compulsory purchase order has become operative), for “a copy of the notice” substitute “a copy of the order”.

13

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Part II — Consequential Amendments

Housing Rents and Subsidies (Scotland) Act 1975

14

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Rent Act 1977

15

In section 16 of the Rent Act 1977 (tenancy not protected if interest of landlord belongs to housing co-operative) for the words from “within the meaning of section 27” to the end substitute “within the meaning of section 27B of the Housing Act 1985 (agreements with housing co-operatives under certain superseded provisions) and the dwelling-house is comprised in a housing co-operative agreement within the meaning of that section”.

16

(1) Schedule 12 to the Rent Act 1977 (procedure on application for certificate of fair rent) is amended as follows.

(2) In paragraph (1)(c)—

(a) after “section 69(1)(a)” insert “or (1A)(b)”;

(b) after “improvement” insert “or repair”;

(3) In paragraph 3, after “If,” insert—

in the case of— (a) an application under section 69(1) of this Act where the dwelling-house is not subject to a regulated tenancy, or (b) an application under section 69(1A) of this Act where the dwelling-house is not subject to a secure tenancy,

;

and omit “unless the dwelling-house is subject to a regulated tenancy”.

(4) In paragraph 4, for the words from “an application” to “regulated tenancy” substitute

— (a) an application under section 69(1) of this Act where the dwelling-house is not subject to a regulated tenancy and which does not fall within paragraph 3 above, or (b) an application under section 69(1A) of this Act and which does not fall within paragraph 3 above and where the dwelling-house is not subject to a secure tenancy,

(5) In paragraph 5(1), for “Where the dwelling-house is subject to a regulated tenancy” substitute

In the case of— (a) an application under section 69(1) of this Act where the dwelling-house is subject to a regulated tenancy, or (b) an application under section 69(1A) of this Act where the dwelling-house is subject to a secure tenancy,

(6) In paragraphs 8(2) and 11, after “regulated” insert “or secure”.

(7) After paragraph 11 add—

(12) In this Schedule “secure tenancy” has the same meaning as in Part IV of the Housing Act 1985, but does not include such a tenancy where the landlord is the Housing Corporation, a housing association or a housing trust which is a charity. In this paragraph “housing association”, “housing trust” and “charity” have the same meaning as in Part IV of the Housing Act 1985.

Tenants' Rights, &c. (Scotland) Act 1980

17

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Finance Act 1981

18

In section 107 of the Finance Act 1981 (stamp duty payable on disposal of dwelling-house at a discount by certain authorities), after subsection (3A) insert—

(3B) This section also applies to a conveyance or transfer on sale (including the grant of a lease) by a person against whom the right by buy under Part V of the Housing Act 1985 is exercisable by virtue of section 171A of that Act (preservation of right to buy on disposal to private sector landlord) to a person who is the qualifying person for the purposes of the preserved right to buy and in relation to whom that dwelling-house is the qualifying dwelling-house.

Local Government Act 1985

19

In paragraph 22 of Schedule 13 to the Local Government Act 1985 (provisions of Housing Act 1985 applying to residuary bodies) after “444,” insert “450A to 450C,”.

Housing Act 1985

20

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

21

In section 20 of the Housing Act 1985 (houses of local authority to which management provisions apply), for “down to section 26” substitute “down to section 27B”.

22

In section 21 of the Housing Act 1985 (management powers to be exercised by local housing authority), in subsection (2) (general proposition subject to section 27), for “(agreements for exercise of housing management functions by co operative)” substitute “(management agreements)”.

23

In section 30 of the Housing Act 1985 (application of housing management provisions to new town corporations and the Development Board for Rural Wales), omit subsection (2) (which relates to section 27: management agreements).

24

Omit section 46 of the Housing Act 1985 (definition of “service charge” for the purposes of certain provisions of Part II).

25

In section 57 of the Housing Act 1985 (the index to Part II), in the entries relating to the expressions “payee and payer”, “relevant costs” and “service charge” for “section 46” substitute “section 621A”.

26

In section 80 of the Housing Act 1985 (the landlord condition for secure tenancies), for subsection (4) (housing co-operatives to which the section applies) substitute—

(4) This section applies to a housing co-operative within the meaning of section 27B (agreements under certain superseded provisions) where the dwelling-house is comprised in a housing co-operative agreement within the meaning of that section.

27

In section 117 of the Housing Act 1985 (the index to Part IV) at the appropriate places insert—

28

In section 127(1) of the Housing Act 1985, omit the word “and” at the end of paragraph (a).

29

In section 130 of the Housing Act 1985 (reduction of discount where previous discount given), in subsection (2) (meaning of “previous discount”) in paragraph (a) after “7” insert “or 7A” and after that paragraph insert—

(aa) on conveyance of the freehold, or a grant or assignment of a long lease of a dwelling-house by a person against whom the right to buy was exercisable by virtue of section 171A (preservation of right to buy on disposal to private sector landlord) to a person who was a qualifying person for the purposes of the preserved right to buy and in relation to whom that dwelling-house was the qualifying dwelling-house, or

30

(1) Section 187 of the Housing Act 1985 (minor definitions for purposes of Part V (the right to buy)) is amended as follows.

(2) In the definition of “improvement”—

(a) after “means” insert “, in relation to a dwelling-house,”,

(b) for “a dwelling-house”, in both places, substitute “the dwelling-house”, and

(c) at the end (full-out after paragraph (c)) insert “and shall be similarly construed in relation to any other building or land;”.

(3) At the appropriate place insert—

“improvement contribution” means an amount payable by a tenant of a flat in respect of improvements to the flat, the building in which it is situated or any other building or land, other than works carried out in discharge of any such obligations as are referred to in paragraph 16A(1) of Schedule 6 (obligations to repair, reinstate, etc.);

31

In section 188 of the Housing Act 1985 (the index to Part V) at the appropriate places insert—

32

In Part XIII of the Housing Act 1985 (general financial provisions), after section 427 insert—

(427A) The fact that a local housing authority or other body has entered into a management agreement, and any letting of land in connection with such an agreement— (a) shall be disregarded in determining that authority or body’s reckonable income or expenditure for the purposes of housing subsidy, and (b) shall not be regarded as a ground for recovering, withholding or reducing any sum under section 427 (recoupment of housing subsidy).

33

In section 434 of the Housing Act 1985 (the index to Part XIII) at the appropriate place insert—

34

In section 444(4) of the Housing Act 1985 (advances relevant to certain powers of local authority to give assistance), for the words from “by” to the end substitute “a housing authority”.

35

In section 452 of the Housing Act 1985 (vesting of house in authority entitled to exercise power of sale), in subsection (2) omit the definition of “housing authority”.

36

In section 453 of the Housing Act 1985 (power of authority which has granted shared ownership lease to make further advances), omit subsection (2) (which defines “housing authority”).

37

In section 458 of the Housing Act 1985 (minor definitions), at the appropriate place insert—

“housing authority” includes any local authority, an urban development corporation, the Housing Corporation and a registered housing association;

38

In section 459 of the Housing Act 1985 (the index to Part XIV), at the appropriate places insert—

39

After section 621 of the Housing Act 1985 insert—

(621A) (1) In this Act “service charge” means an amount payable by a purchaser or lessee of premises— (a) which is payable, directly or indirectly, for services, repairs, maintenance or insurance or the vendor’s or lessor’s costs of management, and (b) the whole or part of which varies or may vary according to the relevant costs. (2) The relevant costs are the costs or estimated costs incurred or to be incurred by or on behalf of the payee, or (in the case of a lease) a superior landlord, in connection with the matters for which the service charge is payable. (3) For this purpose— (a) “costs” includes overheads, and (b) costs are relevant costs in relation to a service charge whether they are incurred, or to be incurred, in the period for which the service charge is payable or in an earlier or later period. (4) In relation to a service charge— (a) the “payee” means the person entitled to enforce payment of the charge, and (b) the “payer” means the person liable to pay it.

40

(1) Schedule 4 to the Housing Act 1985 (the qualifying period for the right to buy) is amended as follows.

(2) After paragraph 5 insert—

(5A) A period qualifies under this paragraph if it is a period during which, before the relevant time— (a) the secure tenant, or (b) his spouse (if they are living together at the relevant time), or (c) a deceased spouse of his (if they were living together at the time of the death), was a qualifying person for the purposes of the preserved right to buy or was the spouse of such a person and occupied the qualifying dwelling-house as his only or principal home.

(3) In paragraph 7 (the landlord condition for qualifying period)—

(a) in sub-paragraph (1), in the opening words, after “subject to” insert “paragraph 7A and to”, and omit the words from “a housing co-operative” to “management functions)”;

(b) in sub-paragraph (2), omit the words from “a housing co-operative” to “1975”.

(4) After paragraph 7 insert—

(7A) (1) The landlord condition shall be treated as having been satisfied in the case of a dwelling-house comprised in a housing co-operative agreement made— (a) in England and Wales, by a local housing authority, new town corporation or the Development Board for Rural Wales, or (b) in Scotland, by an islands or district council, if the interest of the landlord belonged to the housing co-operative. (2) In sub-paragraph (1) “housing co-operative agreement” and “housing co-operative”— (a) as regards England and Wales have the same meaning as in section 27B (agreements with housing co-operatives under superseded provisions), and (b) as regards Scotland mean an agreement made under section 5 of the Housing Rents and Subsidies (Scotland) Act 1975 and a housing co-operative within the meaning of that section.

41

(1) Paragraph 14 of Schedule 6 to the Housing Act 1985 (terms of lease granted in pursuance of right to buy: implied covenants by landlord) is amended as follows.

(2) In sub-paragraph (2), omit the words following paragraph (c).

(3) In sub-paragraph (3), for the words from the beginning to “requirement” insert “There is an implied covenant”.

(4) After sub-paragraph (3) insert—

(3A) Sub-paragraphs (2) and (3) have effect subject to paragraph 15(3) (certain obligations not to be imposed, where landlord’s title is leasehold, by reason of provisions of superior lease).

Housing Associations Act 1985

42

In Part II of the Housing Associations Act 1985 (financial provisions), after section 69 insert—

(69A) A housing association is not entitled to a housing association grant, revenue deficit grant or hostel deficit grant in respect of land comprised in— (a) a management agreement within the meaning of the Housing Act 1985 (see sections 27(2) and 27B(4) of that Act; delegation of housing management functions by certain authorities), or (b) an agreement to which section 5 of the Housing Rents and Subsidies (Scotland) Act 1975 applies (agreements for exercise by housing co-operatives of certain local authority housing functions).

SCHEDULE 6

PART I — Schedule to be Inserted in the Town and Country Planning Act 1971

PART II — Consequential Amendments—England and Wales

1

In section 34(1) of the Town and Country Planning Act 1971 (registers to be kept by local planning authorities) at the end add " and also containing such information as may be so prescribed with respect to simplified planning zone schemes relating to zones in the authority's area ".

2

In section 41 of the Town and Country Planning Act 1971 (limit of duration of planning permission), in subsection (3) (exceptions) after paragraph (aa) insert—

(ab) to any planning permission granted by a simplified planning zone scheme ;

3

In section 53(1) of the Town and Country Planning Act 1971 (application to determine whether planning permission required) after " scheme " insert" or simplified planning zone scheme ".

4

In section 242(1) of the Town and Country Planning Act 1971 (validity of certain instruments to be questioned under that Act and not otherwise), after paragraph (a) insert—

(aa) a simplified planning zone scheme or an alteration of such a scheme whether before or after the adoption or approval of the scheme or alteration;

5

In section 244 of the Town and Country Planning Act 1971 (procedure for questioning certain instruments), after subsection (6) insert—

(7) Subsections (1) and (2) of this section apply to a simplified planning zone scheme or an alteration of such a scheme as they apply to a structure plan and an alteration of such a plan, with the following modifications— (a) for the references to Part II of this Act substitute references to Part LTI of this Act, and (b) for the reference to regulations under section 18(1) of this Act substitute a reference to regulations under paragraph 13 of Schedule 8 A to this Act, and with any other necessary modifications.

6

In section 287 of the Town and Country Planning Act 1971 (general provisions as to regulations and orders}—

(a) in subsection (4) (orders to be made by statutory instrument) after " 24," insert " 24E, ", and

(b) in subsection (5)(a) (orders subject to negative resolution procedure), after " section " insert " 24E, ".

7

In section 290(1) of the Town and Country Planning Act 1971 (interpretation), at the appropriate place insert—

simplified planning zone" and "simplified planning zone scheme " shall be construed in accordance with section 24A of this Act;

Part III

PART IV — Consequential Amendments—Scotland

1

At the end of subsection (2) of section 31 of the Town and Country Planning (Scotland) Act 1972 (registers) insert " and also containing such information as may be so prescribed with respect to simplified planning zone schemes relating to zones in the authority's area ".

2

In section 38 of the Town and Country Planning (Scotland) Act 1972 (limit of duration of planning permission), in subsection (3) (exceptions) after paragraph (ad) insert—

(ab) to any planning permission granted by a simplified planning zone scheme ;

3

In section 51(1) of the Town and Country Planning (Scotland) Act 1972 (applications to determine whether planning permission required) after the word " scheme " insert " or simplified planning zone scheme ".

4

After subsection (1)(a) of section 231 of the Town and Country Planning (Scotland) Act 1972 (validity of plans, &c.) insert—

(aa) a simplified planning zone scheme or any alteration of any such scheme whether before or after the adoption or approval of the scheme or alteration ; or

5

In section 232 of the Town and Country Planning (Scotland) Act 1972 (proceedings for questioning plans, &c), after subsection (3) insert—

(4) Subsections (1) and (2) of this section apply to a simplified planning zone scheme or an alteration of such a scheme as they apply to a structure plan and an alteration of such a plan, with the following modifications— (a) for the references to Part II of this Act substitute references to Part III of this Act, and (b) for the reference to regulations under section 16(1) of this Act substitute a reference to regulations under paragraph 12 of Schedule 6A to this Act, and with any other necessary modifications.

6

In section 273 of the Town and Country Planning (Scotland) Act 1972 (orders)—

(a) in subsection (4), after " 21," insert " 21E, ", and

(b) in subsection (5), after " 1(3)," insert " 21E, ".

7

In section 275(1) of the Town and Country Planning (Scotland) Act 1972 after the definition of " road " insert—

' simplified planning zone' and ' simplified planning zone scheme' shall be construed in accordance with section 21A of this Act;

SCHEDULE 7

Part I — . . .

Radioactive Substances Act 1960 (c.34)

1

The following paragraph shall be inserted after paragraph 8A of Schedule 1 to the Radioactive Substances Act 1960 (duty of public and local authorities not to take account of any radioactivity in performing their functions)—

(8AA) Sections 58B to 58M and 101B of the Town and Country Planning Act 1971.

Town and Country Planning Act 1971 (c.78)

2

In subsection (3) (action on the part of the Secretary of State that may be questioned in legal proceedings) of section 242 of the Town and Country Planning Act 1971, the following paragraph shall be inserted after paragraph (d)—

(dd) any decision by the Secretary of State relating to an application for hazardous substances consent;

3

In subsection (2)(a) of section 266 of that Act (orders which, in relation to Crown land, may only be made with consent of appropriate authority)—

(a) after " 5 IB " there shall be inserted " 58H " ; and

(b) for " or 96 " there shall be substituted " 96 or 101B "

4

Section 269 of that Act (application to Isles of Scilly) shall have effect as if sections 58B to 58N and 101B were included among the provisions specified in Part III of Schedule 21 (provisions that may be applied to Isles as if they were a district).

5

The following section shall be inserted after section 271 of that Act—

(271A) (1) The provisions of this Act relating to hazardous substances shall have effect subject to such exceptions and modifications as may be prescribed in relation to granting hazardous substances consent for authorities who are hazardous substances authorities by virtue of section 1A of this Act. (2) Subject to the provisions of section 58F of this Act, any such regulations may in particular provide for securing— (a) that any application by such an authority for hazardous substances consent in respect of the presence of a hazardous substance on, over, or under land shall be made to the Secretary of State and not to the hazardous substances authority ; (b) that any order or notice authorised to be made, issued or served under those provisions shall be made, issued or served by the Secretary of State and not by the hazardous substances authority.

6

In section 280 of that Act (rights of entry)—

(a) the following subsection shall be inserted after subsection (1) —

(1A) Any person duly authorised in writing by the Secretary of State or by a hazardous substances authority may at any reasonable time enter any land for the purpose of surveying it in connection with— (a) any application for hazardous substances consent ; (b) any proposal to issue a hazardous substances contravention notice.

;

(b) at the end of subsection (4) there shall be added the words " and any person duly authorised in writing by the Secretary of State or by a hazardous substances authority may at any reasonable time enter any land for the purpose of ascertaining whether an offence appears to have been committed under section 58K of this Act. " ;

(6A) Subsection (6) above shall have effect for the purposes of a claim for compensation made by virtue of section 58H(8) or 58J(12) of this Act as if a reference to a local planning authority were a reference to a hazardous substances authority.

; and

(d) in subsection (8), after the word " section " there shall be inserted the words " or a hazardous substances contravention notice has been issued ".

7

In section 290(1) of that Act (Interpretation)—

(a) the following shall be inserted after the definition of " conservation area " —

" contravention of hazardous substances control " has the meaning assigned to it by section 58K(2) of this Act;

;

(b) the following shall be inserted after the definition of " the Greater London development plan " —

" hazardous substances authority " is to be construed in accordance with sections 1A and IB of this Act;

" hazardous substances consent" means consent required by section 58B of this Act;

" hazardous substances contravention notice " has the meaning assigned to it by section 101B(3) of this Act;

; and

" urban development area " and " urban development corporation " have the same meaning as in Part XVI of the Local Government, Planning and Land Act 1980 ;

Town and Country Planning Act 1984 (c.10)

8

In section 1 of the Town and Country Planning Act 1984 (applications in anticipation of disposal of Crown interest)—

(a) in subsection (1)(a), after the words "listed building consent " there shall be inserted the words " , hazardous substances consent " ; and

(b) the following subsection shall be inserted after subsection (3)—

(3A) Any hazardous substances consent granted by virtue of this section shall apply only— (a) to the presence of the substance to which the consent relates after the land in question has ceased to be Crown land ; and (b) so long as that land continues to be Crown land, to the presence of the substance by virtue of a private interest in the land.

Gas Act 1986 (c.44.)

9

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