Housing and Planning Act 1986

• (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.

Grounds for withholding consent to assignment of secure tenancy

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”;

• (c) after “regulated” insert “or secure”.

• (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. " ;

• (c) the following subsection shall be inserted after subsection (6) —

(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

• (c) the following shall be inserted after the definition of " tree preservation order " —

• " 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

In sub-paragraph (1)(xxiv) of paragraph 2 of Schedule 7 to the Gas Act 1986 (enactments for the purposes of which a public gas supplier is deemed to be a statutory undertaker and his undertaking a statutory undertaking)—

• (a) after " sections " there shall be inserted " 1B, " ; and

• (b) after " 49," there shall be inserted " 58F, ".

Part II

Radioactive Substances Act 1960 (c.34)

1

The following paragraph shall be inserted after the entry relating to the Sewerage (Scotland) Act 1968 in Part II of the first Schedule to the Radioactive Substances Act 1960 (duty of public and local authorities not to take account of any radioactivity in performing their functions)—

(17A) Sections 56A to 56N and 97B of the Town and Country Planning (Scotland) Act 1972.

.

Town and Country Planning (Scotland) Act 1972 (c.52)

2

In subsection (3) (action on the part of the Secretary of State that may be questioned in legal proceedings) of section 231 of the Town and Country Planning (Scotland) Act 1972, 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 253 of that Act (orders which, in relation to Crown land, may only be made with consent of appropriate authority)—

• (a) after " 49B " there shall be inserted " 56J " ; and

• (b) for " or 92 " there shall be substituted " 92 or 97B ".

4

The following section shall be inserted after section 257 of that Act—

(257A) (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 hazardous substances consent for planning authorities. (2) Subject to the provisions of section 56G 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 such land shall be made to the Secretary of State and not to the planning 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 planning authority.

.

5

In section 265 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 planning 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) the following subsection shall be inserted after subsection (4)—

(4A) Any person duly authorised in writing by the Secretary of State or by a planning authority may at any reasonable time enter any land for the purpose of ascertaining whether an offence appears to have been committed under section 56L of this Act.

; and

• (c) the following subsection shall be inserted after subsection(7) —

(7A) Any person duly authorised in writing by the Secretary of State or a planning authority may at any reasonable time enter any land in respect of which a hazardous substances contravention notice has been served for the purpose of ascertaining whether the notice has been complied with.

.

6

In section 275(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 56L(2) of this Act;

;

• (b) the following shall be inserted after the definition of " government department " —

• " hazardous substances consent" means consent required by section 56C of this Act;
• "hazardous substances contravention notice" has the meaning assigned to it by section 97B(3) of this Act;

; and

• (c) the following shall be inserted after the definition of " tree preservation order " —

• " 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)

7

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

• (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)

8

In sub-paragraph (1)(xxv) of paragraph 2 of Schedule 7 to the Gas Act 1986 after " 46 ", there shall be inserted " 56B, 56G, ".

SCHEDULE 8

Part I — The 1958 Act

1

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

2

• (1) In section 4(1), for the words “the land comprised in an authorisation under section 1 of this Act” there shall be substituted the words “any land on which they desire to work coal by such operations or to carry out operations incidental to such working”.

• (2) The following subsections shall be substituted for section 4(6)—

(6) A compulsory rights order may only be made if opencast planning permission has been applied for or granted in respect of the land comprised in the order or is deemed to have been granted in respect of it. (6A) Where a compulsory rights order is made before opencast planning permission has been granted in respect of the land comprised in the order, the Secretary of State shall not confirm it unless such permission in respect of that land has first been granted. (6B) Where a compulsory rights order is made in a case where opencast planning permission has been granted or is deemed to have been granted, the order, as from the time when it is made, shall include a reference to the permission. (6C) If opencast planning permission is granted in respect of land comprised in a compulsory rights order and the Secretary of State subsequently confirms the order, the order as confirmed shall include a reference to the permission. (6D) No compulsory rights order, as confirmed, shall extend to any land which is not comprised in the permission or deemed permission referred to in the order.

.

3

In section 5(5)—

• (a) for the word “authorisation” there shall be substituted the words “opencast planning permission”; and

• (b) for the words “fulfilment of the authorised purposes” there shall be substituted the words “permitted activities.”

4

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

5

The following sections shall be substituted for section 14—

(14) (1) Without prejudice to the provisions of Part III of this Act as to matters arising between landlords and tenants in consequence of compulsory rights orders, the provisions of this section shall have effect where— (a) opencast planning permission has been granted subject to a restoration condition and to an aftercare condition in which the use specified is use for agriculture or use for forestry, and (b) immediately before that permission is granted, any of the land comprised therein consists of an agricultural holding or part of an agricultural holding, whether any of that land is comprised in a compulsory rights order or not. (2) For the purposes of the Agricultural Holdings Act 1986 (in this Act referred to as “the Act of 1986”)— (a) the holding shall not be taken to have ceased to be an agricultural holding; and (b) where only part of the holding is comprised in opencast planning permission, that part shall not be taken to have ceased to form part of an agricultural holding, by reason only that, while occupied or used for the permitted activities, the land is not being used for agriculture within the meaning of that Act. (3) For the purposes of the Act of 1986, the tenant of the holding shall not be taken to have failed to fulfill his responsibilities to farm in accordance with the rules of good husbandry— (a) by reason of his having permitted any of the land comprised in the opencast planning permission to be occupied for the purpose of carrying on any of the permitted activities, or by reason of any other thing done or omitted by him for facilitating the use of any of that land for that purpose; (b) where any of that land is comprised in a compulsory rights order, by reason of the occupation or use of any of that land in the exercise of rights conferred by the order, in so far as that occupation or use was not permitted or facilitated by the tenant as mentioned in the preceding paragraph. (4) For the purposes of the Act of 1986 nothing done or omitted by the tenant or by the landlord of the holding by way of permitting any of the land in respect of which opencast planning permission has been granted to be occupied for the purpose of carrying on any of the permitted activities, or by way of facilitating the use of any of that land for that purpose, shall be taken to be a breach of any term or condition of the tenancy, either on the part of the tenant or on the part of the landlord. (5) For the purposes of subsections (1) to (3) of section 27 of the Act of 1986 (Agricultural Land Tribunal’s consent to operation of notice to quit) the condition specified in paragraph (f) of subsection (3) of that section shall not be treated as satisfied if the use for the purpose for which the landlord proposes to terminate the tenancy is the use of the land for carrying on any of the permitted activities. (6) On a reference to arbitration under section 12 of the Act of 1986 with respect to the rent which should be properly payable for the holding, in respect of any period for which the Board are in occupation of the holding, or of any part thereof, for the purpose of carrying on any of the permitted activities, the arbitrator shall not take into account any increase or diminution in the rental value of the holding in so far as that increase or diminution is attributable to the occupation of the holding, or of that part of the holding, by the Board for the purpose of carrying on any of the permitted activities. (7) For the purpose of the operation of section 13 of the Act of 1986 (increases of rent for landlord’s improvements) in relation to improvements carried out on the holding, in a case where the improvements have been affected by anything done for the purpose of carrying on any of the permitted activities, the increase (if any) of the rental value of the holding attributable to the carrying out of the improvements shall be assessed as if it had not been done. (8) This section does not extend to Scotland. (14A) (1) Without prejudice to the provisions of Part III of this Act as to matters arising between landlords and tenants in consequence of compulsory rights orders, the provisions of this section shall have effect in Scotland where— (a) opencast planning permission has been granted subject to a restoration condition and to an aftercare condition in which the use specified is use for agriculture, and (b) immediately before that permission is granted, any of the land comprised therein consists of an agricultural holding or part of an agricultural holding, whether any of that land is comprised in a compulsory rights order or not. (2) In this section— - “aftercare condition” means a condition requiring that such steps shall be taken as may be necessary to bring land to the standard required for use for agriculture; and - “restoration condition” has the meaning given to it in section 27A(2) of the Town and Country Planning (Scotland) Act 1972. (3) For the purposes of the Agricultural Holdings (Scotland) Act 1949 (in this Act referred to as “the Scottish Act of 1949”)— (a) the holding shall not be taken to have ceased to be an agricultural holding; and (b) where only part of the holding is comprised in the opencast planning permission, that part shall not be taken to have ceased to form part of an agricultural holding, by reason only that, while occupied or used for the permitted activities, the land is not being used for agriculture within the meaning of that Act. (4) For the purposes of the Scottish Act of 1949, the tenant of the holding shall not be taken to have failed to fulfil his responsibilities to farm in accordance with the rules of good husbandry— (a) by reason of his having permitted any of the land comprised in the opencast planning permission to be occupied for the purpose of carrying on any of the permitted activities, or by reason of any other thing done or omitted by him for facilitating the use of any of that land for that purpose; (b) where any of that land is comprised in a compulsory rights order, by reason of the occupation or use of any of that land in the exercise of rights conferred by the order, in so far as that occupation or use was not permitted or facilitated by the tenant as mentioned in the preceding paragraph. (5) For the purposes of the Scottish Act of 1949 nothing done or omitted by the tenant or by the landlord of the holding by way of permitting any of the land in respect of which opencast planning permission has been granted to be occupied for the purpose of carrying on any of the permitted activities, or by way of facilitating the use of any of that land for that purpose, shall be taken to be a breach of any term or condition of the tenancy, either on the part of the tenant or on the part of the landlord. (6) For the purposes of section 25(2) of the Scottish Act of 1949, no account is to be taken of permission granted as mentioned in paragraph (c) of that subsection if the permission— (a) is granted on an application by the National Coal Board; and (b) relates to the working of coal by opencast operations; and (c) is granted subject to a restoration condition and an aftercare condition. (7) For the purposes of section 26 of the Scottish Act of 1949 (in which subsection (1) specifies conditions for the giving of consent under section 25 of that Act to the operation of a notice to quit) the condition specified in paragraph (e) of subsection (1) shall not be treated as satisfied if the use for the purpose of which the landlord proposes to terminate the tenancy is the use of the land for carrying on any of the permitted activities. (8) On a reference to arbitration under section 7 of the Scottish Act of 1949 with respect to the rent which should be properly payable for the holding, in respect of any period for which the Board are in occupation of the holding, or of any part thereof, for the purpose of carrying on any of the permitted activities, the arbiter shall not take into account any increase or diminution in the rental value of the holding in so far as that increase or diminution is attributable to the occupation of the holding, or of that part of the holding, by the Board for the purpose of carrying on any of the permitted activities. (9) For the purpose of the operation of section 8 of the Scottish Act of 1949 (which relates to increases of rent for improvements carried out by the landlord) in relation to an improvement carried out on the holding, in a case where the improvement has been affected by anything done for the purpose of carrying on any of the permitted activities, the increase (if any) of the rental value of the holding attributable to the carrying out of the improvement shall be assessed as if the improvement had not been so affected. (10) The use of land for the working of coal by opencast operations shall not be a use for the purposes of which a landlord shall be entitled to resume the land.

.

6

The following sections shall be substituted for section 15—

(15) (1) Where— (a) the Board apply for opencast planning permission; and (b) over any part of the land to which the application relates there subsists a public right of way, not being a right enjoyed by vehicular traffic, the Board may also apply to the Secretary of State for an order suspending the public right of way. (2) The Secretary of State shall not make such an order unless— (a) opencast planning permission is granted; and (b) he is satisfied— (i) that a suitable alternative way will be made available by the Board (whether on land comprised in the opencast planning permission or on other land) for use by the public during the period for which the order remains in force; or (ii) that the provision of such an alternative way is not required. (3) An order under this section shall specify the date, which shall not be earlier than the making of the order, with effect from which the right of way is suspended. (4) Where an order has been made under this section the Secretary of State shall revoke it— (a) if— (i) no permitted activities have been carried on pursuant to the opencast planning permission on the land over which the right of way subsisted; and (ii) he is satisfied that there is no early prospect of such activities being so carried on; or (b) as soon after such permitted activities have been so carried on as he is satisfied that it is no longer necessary for the purpose of carrying on such permitted activities that the right of way should be suspended. (5) An order under this section shall include such provisions as may appear to the Secretary of State to be appropriate for securing the reconstruction of the way on the restoration of the land over which the right of way subsisted immediately before the order was made. (6) Where an order is made under this section then, in connection with the provision of such a suitable alternative way as is referred to in subsection (2) above,— (a) the order under this section may provide that, in so far as the carrying out of any operations, or any change in the use of land, involved in making the alternative way available or in permitting it to be used by the public, constitutes development within the meaning of the Act of 1971, permission for that development shall be deemed to be granted under Part III of that Act subject to such conditions (if any) as may be specified in the order; (b) where the order under this section includes provisions in accordance with paragraph (a) above, the Act of 1971 shall have effect as if they were conditions subject to which the opencast planning permission was granted; (c) if a compulsory rights order referring to the opencast planning permission is made, then, in the application to that order of section 5(5) above, the permitted activities shall be taken to include making an alternative way available for use by the public, and the right exercisable in accordance with that subsection, as against all persons directly concerned, shall include the right to permit the public to use any way so made available; and (d) if the land on which the alternative way is to be made available is specified in the order under this section and is land which does not form part of, but it contiguous with, the land to which the opencast planning permission relates, a compulsory rights order referring to the opencast planning permission may include that land as if it were part of the land comprised in the permission. (7) In the application of this section to Scotland, it shall be read as if for “the Act of 1971” there were substituted “the Town and Country Planning (Scotland) Act 1972”. (15A) (1) Before submitting to the Secretary of State an application for an order under section 15 of this Act, the Board shall publish a notice in the prescribed form identifying the right of way and stating— (a) that the Board are proposing to apply for an order suspending it in connection with the working of coal by opencast operations; (b) that opencast planning permission has been applied for, or, as the case may be, has been granted; and (c) that objections to the application for the order may be made in writing to the Secretary of State within such time, not being less than 28 days from the publication of the notice, as may be specified. (2) The duty to publish a notice imposed by subsection (1) above is a duty to publish it— (a) in two successive weeks in one or more local newspapers circulating in the locality in which the land over which the right of way subsists is situated; and (b) in the same or any other two successive weeks, in the appropriate Gazette. (3) The period within which objections may be made expires when the period specified in the last publication of the notice expires; and any period specified in earlier publications is to be treated as extended accordingly. (4) A notice under subsection (1) above shall name a place in the locality where a copy of the application and of a map showing the right of way can be inspected. (5) The Board shall also, before submitting such an application to the Secretary of State,— (a) inform— (i) in England and Wales, the district council and, except in the case of a metropolitan district, the county council, and any parish or community council or parish meeting; and (ii) in Scotland, every local authority in whose area any part of the land over which the right of way subsists is situated of the right to object conferred by subsection (1) above; (b) send them a map showing the right of way and a copy of their notice under subsection (1) above; and (c) affix to some conspicuous object at either end of the right of way a notice giving in the prescribed form the prescribed particulars of their proposed application concerning it and of the right to object. (6) If no objection is made by any such authority, other than a parish or community council or parish meeting, as is mentioned in subsection (5)(a) above, or if all objections which are made by any such authority are withdrawn, the Secretary of State, upon being satisfied that the Board have complied with subsections (1) to (5) above, may if he thinks fit make the order. (7) The Secretary of State may, if he thinks fit, cause a public local inquiry to be held before determining whether to make an order, and shall cause such an inquiry to be held if an objection is made by any such authority and is not withdrawn. (8) If the Secretary of State causes such an inquiry to be held, he shall consider all objections to the application which are duly made by any person and not withdrawn and the report of the person who held the inquiry before determining whether to make the order. (9) An order under section 15 of this Act may be made either in accordance with the Board’s application or subject to such modifications as the Secretary of State may determine. (10) If the Secretary of State makes an order, the Board, as soon as may be after the order is made, shall publish a notice in the prescribed form that the order has been made, describing the right of way which is suspended, stating the date on which the order comes into operation and naming a place in the locality where a copy of the order and of any map to which it refers can be inspected at all reasonable hours, and shall serve a like notice and a copy of the order on any body required under this section to be informed of the application for the order. (11) The duty to publish a notice imposed by subsection (10) above is a duty to publish it— (a) in one or more local newspapers such as are mentioned in subsection (1) above; and (b) in the appropriate Gazette. (12) In this section “the appropriate Gazette” means— (a) the London Gazette in a case where the land over which the right of way subsists is situated in England or Wales; and (b) the Edinburgh Gazette in a case where it is situated in Scotland.

.

7

In section 16—

• (a) in subsections (1) and (2), for the words from “which” to “Act” there shall be substituted the words “in respect of which opencast planning permission has been granted”;

• (b) in subsection (3), for the words from “comprised” to “Act” there shall be substituted the words “in respect of which the permission was granted”.

8

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

9

In section 38—

• (a) in paragraph (a)—

• (i) for the words from “which” to “Act” there shall be substituted the words “in respect of which opencast planning permission has been granted”; and

• (ii) for the words “authorised purposes” there shall be substituted the words “purpose of carrying on the permitted activities”;

• (b) in paragraph (b), for the words “comprised in the authorisation” there shall be substituted the words “in respect of which the permission was granted and”; and

• (c) for the words from “fulfilment” to the end of the subsection there shall be substituted the words “permitted activities”

10

In section 39(3)—