Legalize / United Kingdom / Public General Act

Local Government and Housing Act 1989

Type Public General Act

Publication 1989-11-16

Last updated 2026-03-26

State In force

Department Statute Law Database

Source legislation.gov.uk

articles Not indexed

Reform history JSON API

(13) In paragraph 3(2) for “paragraph 2” there shall be substituted “ paragraphs 2 to 2B ”.

(14) In paragraph 3, the following sub-paragraphs shall be inserted after sub-paragraph (2)—

(3) For the purposes of sub-paragraph (1) above a class may be prescribed by reference to such factors as the Secretary of State sees fit. (4) Without prejudice to the generality of sub-paragraph (3) above, a class may be prescribed by reference to one or more of the following factors— (a) the physical characteristics of hereditaments; (b) the fact that hereditaments are unoccupied or are occupied for prescribed purposes or by persons of prescribed descriptions.

(15) Paragraph 4 shall be omitted.

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(1) Schedule 7 (multipliers) shall be amended as follows.

(2) In paragraph 7(1) for the words from “Regulations” to “that” there shall be substituted “ In relation to a relevant financial year the Secretary of State may make regulations providing that ”.

(3) In paragraph 8(3) for “section 57” there shall be substituted “ paragraph 7 ”.

(4) In paragraph 9(4) (certain orders ineffective unless in force before 1 January) for “January” there shall be substituted “ March ”.

(5) In paragraph 10(1) (special authority’s power to set multiplier in substitution) the words “because of a failure to fulfil paragraph 9(2) or (3) above” shall be omitted.

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The following Schedule shall be inserted after Schedule 7—

SCHEDULE 7A (1) (1) The transitional period is the period consisting of the financial years beginning in 1990, 1991, 1992, 1993 and 1994. (2) A transitional day is a day falling in the transitional period. (2) (1) As regards a transitional day a hereditament is a defined hereditament if the first and second conditions are fulfilled; but this is subject to sub-paragraphs (4) and (5) below. (2) The first condition is that the hereditament is shown for 31 March 1990 in a valuation list maintained under Part V of the 1967 Act. (3) The second condition is that the hereditament is shown in a local non-domestic rating list, and a rateable value is shown in the list for the hereditament, for— (a) 1 April 1990, (b) the transitional day (if different from 1 April 1990), and (c) each day (if any) falling after 1 April 1990 and before the transitional day. (4) If the hereditament is not a right falling within section 64(2) above, the hereditament is not a defined hereditament as regards the transitional day unless the rateable value shown for the hereditament in the local non-domestic rating list for 1 April 1990 is £500 or more. (5) If the hereditament is one falling within sub-paragraph (8) below, the hereditament is not a defined hereditament as regards the transitional day unless a person who is a qualifying person in relation to the hereditament as regards that day is also a person to whom sub-paragraph (6) or (7) below applies. (6) This sub-paragraph applies to a person if— (a) he occupied all or part of the hereditament on 31 March 1990, and (b) he has been a qualifying person in relation to the hereditament as regards each day (if any) falling after 31 March 1990 and before the transitional day. (7) This sub-paragraph applies to a person if— (a) he was the owner of the whole of the hereditament on 31 March 1990, (b) none of the hereditament was occupied on 31 March 1990, (c) he occupied all or part of the hereditament on at least one day in the period beginning with 1 April 1988 and ending with 30 March 1990, and (d) he has been a qualifying person in relation to the hereditament as regards each day which falls before the transitional day and falls after the last (or only) day in the period mentioned in paragraph (c) above on which he occupied all or part of the hereditament. (8) A hereditament falls within this sub-paragraph if, assuming it to be a defined hereditament as regards 1 April 1990, paragraph 9 below would apply to the hereditament for that day by virtue of paragraph 7 below. (9) For the purposes of this paragraph a person is a qualifying person in relation to a hereditament as regards a day if— (a) he occupies all or part of the hereditament on that day, or (b) where none of the hereditament is occupied on that day, he is the owner of the whole of the hereditament on that day. (3) (1) The notional chargeable amount for a hereditament for each day in a relevant year shall be found by applying the formula— $A×BC$ (2) A is the rateable value shown for the hereditament for 1 April 1990 in the local non-domestic rating list. (3) Subject to sub-paragraph (4) below, B is the non-domestic rating multiplier for the relevant year concerned. (4) Where the hereditament is situated in the area of a special authority, B is the authority’s non-domestic rating multiplier for the relevant year concerned. (5) C is the number of days in the relevant year concerned. (6) Relevant years are financial years falling in the transitional period. (4) (1) The base liability for a hereditament for each day in the financial year beginning in 1990 shall be found by applying the formula— $A×BC$ (2) A is the rateable value of the hereditament, as determined under paragraph 6 below. (3) B is the general rate poundage effective for 31 March 1990 for the rating area (within the meaning of the 1967 Act) in which the hereditament is situated. (4) C is the number of days in the financial year beginning in 1989. (5) The base liability for a hereditament for each day in a relevant year (the year concerned) other than the financial year beginning in 1990 shall be found by applying the formula— $BL×AF$ (6) Relevant years are financial years falling in the transitional period. (7) BL is the base liability for the hereditament for each day in the financial year immediately preceding the year concerned. (8) AF is the appropriate fraction for the hereditament for each day in the financial year immediately preceding the year concerned. (5) (1) Sub-paragraph (2) below applies in a case where the notional chargeableamount for a hereditament for each day in a relevant year exceeds the base liability for the hereditament for each day in the year. (2) The appropriate fraction for the hereditament for each day in the year shall be found by applying the formula— $X100×RPI(1)RPI(2)$ (3) X is 120 if— (a) the hereditament is situated in Greater London and the rateable value shown for it in the local non-domestic rating list for 1 April 1990 is £15,000 or more, or (b) it is situated outside Greater London and the rateable value shown for it in the local non-domestic rating list for 1 April 1990 is £10,000 or more. (4) X is 115 if— (a) the hereditament is situated in Greater London and the rateable value shown for it in the local non-domestic rating list for 1 April 1990 is less than £15,000, or (b) it is situated outside Greater London and the rateable value shown for it in the local non-domestic rating list for 1 April 1990 is less than £10,000. (5) RPI(1) is the retail prices index for September of the financial year preceding the relevant year concerned. (6) RPI(2) is the retail prices index for September of the financial year which precedes that preceding the relevant year concerned. (7) Sub-paragraph (8) below applies in a case where the notional chargeableamount for a hereditament for each day in a relevant year does not exceed the base liability for the hereditament for each day in the year. (8) The appropriate fraction for the hereditament for each day in the year shall be such as is— (a) specified for the case by order made by the Secretary of State, or (b) found in accordance with rules prescribed for the case by order so made. (9) In making an order under this paragraph the Secretary of State shall have regard to the object of securing (so far as practicable) that the aggregate amount payable to him and all charging authorities by way of non-domestic rates as regards a relevant year is the same as it would in his opinion be likely to be apart from this Schedule. (10) Relevant years are financial years falling in the transitional period. (6) (1) This paragraph has effect to determine A in relation to a hereditament for the purposes of paragraph 4 above. (2) In a case where a rateable value is shown for the hereditament for 15 February 1989 in the old valuation list, A is the value so shown; but this is subject to sub-paragraph (3) below. (3) If— (a) a relevant proposal is (or relevant proposals are) made to alter the rateable value shown for the hereditament in that list, and (b) as a result of any such proposal a rateable value is shown for the hereditament in that list for a relevant day, A is the rateable value shown in that list for the hereditament for the last (or only) relevant day for which a rateable value is shown as a result of any such proposal. (4) For the purposes of sub-paragraph (3) above a relevant proposal is a proposal— (a) made by a valuation officer at any time, or (b) made by a person other than a valuation officer, and received by a valuation officer, before 15 February 1989. (5) In a case where a rateable value is not shown for the hereditament for 15 February 1989 in the old valuation list, A is the rateable value shown in that list for the hereditament for the first relevant day for which a rateable value is shown; but this is subject to sub-paragraph (6) below. (6) If— (a) a relevant proposal is (or relevant proposals are) made to alter the rateable value shown for the hereditament in that list, and (b) as a result of any such proposal a rateable value is shown for the hereditament in that list for a relevant day, A is the rateable value shown in that list for the hereditament for the last (or only) relevant day for which a rateable value is shown as a result of any such proposal. (7) For the purposes of sub-paragraph (6) above a relevant proposal is a proposal made by a valuation officer at any time. (8) In the case of a hereditament— (a) occupied by or on behalf of the Crown for public purposes in the period beginning with 15 February 1989 and ending with 31 March 1990, and (b) in respect of which a contribution is made by the Crown in aid of rates for that period, references in sub-paragraphs (2) to (6) above to rateable value are to value representing rateable value (which is required to be shown by section 37 of the 1967 Act). (9) For the purposes of this paragraph a relevant day is a day falling after 15 February 1989 and before 1 April 1990. (10) For the purposes of this paragraph the old valuation list is the valuation list, maintained under Part V of the 1967 Act, in which the hereditament is shown for 31 March 1990. (7) (1) Paragraph 9 below applies to a hereditament for a transitional day (the day concerned) if— (a) as regards the hereditament the day concerned is a chargeable day for which a chargeable amount falls to be determined under section 43 above, (b) as regards the day concerned the hereditament is a defined hereditament, (c) NCA exceeds BL, (d) NCA exceeds (BL x AF), and (e) in a case where the day concerned is not 1 April 1990, paragraph 9 belowapplies to the hereditament for each transitional day preceding the day concerned, and it does so by virtue of this paragraph. (2) In a case where the hereditament is situated in the area of a special authority, the reference to (BL x AF) is a reference to it adjusted by finding the appropriate amount and— (a) if the appropriate amount is positive, adding it to (BL x AF), or (b) if the appropriate amount is negative, subtracting the equivalent positive amount from (BL x AF). (3) For the purposes of sub-paragraph (2) above the appropriate amount is the amount found by applying the formula— $D×(E-F)G$ (4) For the purposes of this paragraph— (a) NCA is the notional chargeable amount for the hereditament for the day concerned, (b) BL is the base liability for the hereditament for the day concerned, (c) AF is the appropriate fraction for the hereditament for the day concerned, (d) D is the rateable value shown for the hereditament in the local non-domestic rating list for 1 April 1990, (e) E is the non-domestic rating multiplier of the special authority concerned for the financial year in which the day concerned falls, (f) F is the non-domestic rating multiplier for the financial year in which the day concerned falls, and (g) G is the number of days in the financial year in which the day concerned falls. (8) (1) Paragraph 9 below applies to a hereditament for a transitional day (the day concerned) if— (a) as regards the hereditament the day concerned is a chargeable day for which a chargeable amount falls to be determined under section 43 above, (b) as regards the day concerned the hereditament is a defined hereditament, (c) NCA is less than BL, (d) NCA is less than (BL x AF), and (e) in a case where the day concerned is not 1 April 1990, paragraph 9 below applies to the hereditament for each transitional day preceding the day concerned, and it does so by virtue of this paragraph. (2) In a case where the hereditament is situated in the area of a special authority, the reference to (BL x AF) is a reference to it adjusted by finding the appropriate amount and— (a) if the appropriate amount is positive, adding it to (BL x AF), or (b) if the appropriate amount is negative, subtracting the equivalent positive amount from (BL x AF). (3) For the purposes of sub-paragraph (2) above the appropriate amount is the amount found by applying the formula— $D×(E-F)G$ (4) For the purposes of this paragraph— (a) NCA is the notional chargeable amount for the hereditament for the day concerned, (b) BL is the base liability for the hereditament for the day concerned, (c) AF is the appropriate fraction for the hereditament for the day concerned, (d) D is the rateable value shown for the hereditament in the localnon-domestic rating list for 1 April 1990, (e) E is the non-domestic rating multiplier of the special authority concerned for the financial year in which the day concerned falls, (f) F is the non-domestic rating multiplier for the financial year in which the day concerned falls, and (g) G is the number of days in the financial year in which the day concerned falls. (9) (1) In a case where this paragraph applies, for the purpose of ascertaining the chargeable amount for the day concerned under section 43 above that section shall have effect subject to the following amendments. (2) The following subsections shall be substituted for subsections (4) and (5)— (4) Subject to subsection (5) below, the chargeable amount for a chargeable day shall be calculated by finding the amount represented by (BL x AF). (5) Where subsection (6) below applies the chargeable amount for a chargeable day shall be calculated by— (a) finding the amount represented by (BL x AF), and (b) dividing that amount by 5. (3) The following subsections shall be inserted after subsection (6)— (6A) In a case where the hereditament is situated in the area of a special authority, a reference to (BL x AF) is a reference to it adjusted by finding the appropriate amount and— (a) if the appropriate amount is positive, adding it to (BL x AF), or (b) if the appropriate amount is negative, subtracting the equivalent positive amount from (BL x AF). (6B) For the purposes of subsection (6A) above the appropriate amount is the amount found by applying the formula— $D×(E-F)G$ (4) For the purposes of section 43 above as amended by this paragraph BL, AF, D, E, F and G shall be construed in accordance with paragraphs 7 and 8 above. (10) (1) The Secretary of State may make regulations containing rules about the determination under section 45 or 54 above of a chargeable amount for a transitional day. (2) The rules may make provision which he considers to be equivalent to that made by or under paragraphs 1 to 9 above, subject to any modifications he thinks fit. (11) (1) The Secretary of State may make regulations containing rules supplementing or modifying or excluding, for any case he considers appropriate and to such extent as he considers appropriate, any relevant provision. (2) For the purpose of the determination under section 43, 45 or 54 above of a chargeable amount for a transitional day, the Secretary of State may make regulations applying any relevant provision (subject to any modifications he thinks fit) to any case— (a) where he considers it appropriate to do so, and (b) where the relevant provision would not (whether by virtue of regulations under sub-paragraph (1) above or otherwise) apply apart from the regulations under this sub-paragraph. (3) A relevant provision is a provision made by or under paragraphs 1 to 9 above or by regulations under paragraph 10 above. (12) Without prejudice to the generality of section 143(1) and (2) above and paragraphs 10 and 11 above, regulations under those paragraphs may include provision— (a) imposing duties and conferring powers on valuation officers (whether as regards determinations, certificates or otherwise) in relation to the ascertainment of rateable values; (b) as to appeals relating to things done or not done by such officers.

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In Schedule 8 (non-domestic rating: pooling) in Part I, in paragraph 2 (non-domestic rating accounts: credits and debits) in sub-paragraph (1)(b) for “regulations made under section 59(2)” there shall be substituted “ section 59 ”.

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(1) In Schedule 8 (non-domestic rating: pooling) Part II (non-domestic ratingcontributions) shall be amended as follows.

(2) In paragraph 5, at the end of sub-paragraph (1) there shall be added “ and has effect subject to any provision made by virtue of paragraph 6(2A) below ”.

(3) In paragraph 6, after sub-paragraph (2) there shall be inserted the following sub-paragraphs—

(2A) Regulations under paragraph 4 above may incorporate in the rules provision for adjustments to be made in the calculation of the amount of an authority’s non-domestic rating contribution under paragraph 5(2) or 5(6) above, being adjustments to take account of relevant changes affecting the amount of the authority’s non-domestic rating contribution for an earlier year. (2B) For the purposes of sub-paragraph (2A) above, a change is a relevant change if it results from a decision, determination or other matter which (whether by reason of the time at which it was taken, made or occurred or otherwise) was not taken into account by the authority in the calculation under paragraph 5(6) above of the amount of its non-domestic rating contribution for the earlier year in question.

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(1) In Schedule 9 (administration) paragraph 2 (collection and recovery) shall be amended as follows.

(2) The following paragraphs shall be substituted for sub-paragraph (2)(g)—

(g) that a notice must be in a prescribed form, (ga) that a notice must contain prescribed matters, (gb) that a notice must not contain other prescribed matters, (gc) that where a notice is invalid because it does not comply with regulations under paragraph (g) or (ga) above, and the circumstances are such as may be prescribed, a requirement contained in the notice by virtue of regulations under paragraph (e) or (f) above shall nevertheless have effect as if the notice were valid, (gd) that where a notice is invalid because it does not comply with regulations under paragraph (g) above, and a requirement has effect by virtue of regulations under paragraph (gc) above, the payee must take prescribed steps to issue to the ratepayer a document in the form which the notice would have taken had it complied with regulations under paragraph (g) above, (ge) that where a notice is invalid because it does not comply with regulations under paragraph (ga) above, and a requirement has effect by virtue of regulations under paragraph (gc) above, the payee must take prescribed steps to inform the ratepayer of such of the matters prescribed under paragraph (ga) above as were not contained in the notice,

(3) In sub-paragraph (2)(h) the words from “and” to the end shall beomitted.

(4) The following sub-paragraph shall be inserted after sub-paragraph (2)—

(2A) Regulations under this Schedule may include provision that where— (a) an amount paid by the ratepayer in excess of his liability falls to be repaid or credited, and (b) the circumstances are such as may be prescribed, an additional amount by way of interest shall be paid or credited.

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In Schedule 9 the following paragraph shall be inserted after paragraph 4—

(4A) (1) Regulations under this Schedule may include provision that a charging authority and a person liable to pay it an amount under section 43 or 45 above may enter into an agreement that— (a) any interest of his in the hereditament as regards which the liability arises shall be charged to secure payment of the amount, and (b) in consideration of the charge the authority will take no steps for a period specified in the agreement to recover any payment in respect of the amount. (2) The regulations may include— (a) provision that the agreement may also extend to any further amount the person may become liable to pay to the authority under section 43 or 45 above as regards the hereditament; (b) provision that the agreement may provide for the payment of interest on sums outstanding and for interest payable to be secured by the charge; (c) provision restricting the period which may be specified as mentioned in sub-paragraph (1)(b) above.

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(1) Paragraph 5 of Schedule 9 (power to require information to be supplied to a valuation officer) shall be amended as follows.

(2) In sub-paragraph (1) for the words from “requiring” to the end there shall be substituted

requesting him to supply to the officer information— (a) which is specified in the notice, and (b) which the officer reasonably believes will assist him in carrying out functions conferred or imposed on him by or under this Part.

(3) After sub-paragraph (1) there shall be inserted—

(1A) A notice under this paragraph must state that the officer believes the information requested will assist him in carrying out functions conferred or imposed on him by or under this Part.

(4) In sub-paragraph (2)—

(a) for “required” (in the first place where the word occurs) there shall be substituted “ requested ”, and

(b) for “required” (in the second place where the word occurs) there shall be substituted “ specified ”.

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(1) Paragraph 6 of Schedule 9 (authority’s duty to supply information to valuation officer) shall be amended as follows.

(2) In sub-paragraph (1) for “relevant” there shall be substituted “ charging ”, and in consequence sub-paragraph (2) shall be omitted.

(3) After sub-paragraph (1) there shall be inserted—

(1A) The Secretary of State may make regulations containing provision that, at such times and in such manner as may be prescribed, a charging authority shall supply to the valuation officer for the authority information of such description as may be prescribed.

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The following paragraphs shall be substituted for paragraph 8 of Schedule 9 (inspection)—

(8) (1) A person may require a valuation officer to give him access to such information as will enable him to establish what is the state of a list, orhas been its state at any time since it came into force, if— (a) the officer is maintaining the list, and (b) the list is in force or has been in force at any time in the preceding 5 years. (2) A person may require a charging authority to give him access to such information as will enable him to establish what is the state of a copy of a list, or has been its state at any time since it was deposited, if— (a) the authority has deposited the copy under section 41(6B) above, and (b) the list is in force or has been in force at any time in the preceding 5 years. (3) A person may require the Secretary of State to give him access to such information as will enable him to establish what is the state of a copy of a list, or has been its state at any time since it was deposited, if— (a) the Secretary of State has deposited the copy under section 52(6B) above, and (b) the list is in force or has been in force at any time in the preceding 5 years. (4) A person may require a charging authority to give him access to such information as will enable him to establish what is the state of a copy of a proposed list if— (a) the authority has deposited the copy under section 41(6) above, and (b) the list itself is not yet in force. (5) A person may require the Secretary of State to give him access to such information as will enable him to establish what is the state of a copy of a proposed list if— (a) the Secretary of State has deposited the copy under section 52(6) above,and (b) the list itself is not yet in force. (6) A requirement under any of the preceding provisions of this paragraph must be complied with at a reasonable time and place and without payment being sought; but the information may be in documentary or other form, as the person or authority of whom the requirement is made thinks fit. (7) Where access is given under this paragraph to information in documentary form the person to whom access is given may— (a) make copies of (or of extracts from) the document; (b) require a person having custody of the document to supply to him a photographic copy of (or of extracts from) the document. (8) Where access is given under this paragraph to information in a form which is not documentary the person to whom access is given may— (a) make transcripts of (or of extracts from) the information; (b) require a person having control of access to the information to supply to him a copy in documentary form of (or of extracts from) the information. (9) If a reasonable charge is required for a facility under sub-paragraph (7)or (8) above, the sub-paragraph concerned shall not apply unless the person seeking to avail himself of the facility pays the charge. (10) If without reasonable excuse a person having custody of a document containing, or having control of access to, information access to which is sought under this paragraph— (a) intentionally obstructs a person in exercising a right under sub-paragraph (1), (2), (3), (4), (5), (7)(a) or (8)(a) above, or (b) refuses to comply with a requirement under sub-paragraph (7)(b) or (8)(b) above, he shall be liable on summary conviction to a fine not exceeding level 1 on the standard scale. (9) (1) A person may, at a reasonable time and without making payment, inspect any proposal made or notice of appeal given under regulations made under section 55 above, if made or given as regards a list which is in force when inspection is sought or has been in force at any time in the preceding 5 years. (2) A person may— (a) make copies of (or of extracts from) a document mentioned in sub-paragraph (1) above, or (b) require a person having custody of such a document to supply to him a photographic copy of (or of extracts from) the document. (3) If a reasonable charge is required for a facility under sub-paragraph (2) above, the sub-paragraph shall not apply unless the person seeking to avail himself of the facility pays the charge. (4) If without reasonable excuse a person having custody of a document mentioned in sub-paragraph (1) above— (a) intentionally obstructs a person in exercising a right under sub-paragraph (1) or (2)(a) above, or (b) refuses to supply a copy to a person entitled to it under sub-paragraph (2)(b) above, he shall be liable on summary conviction to a fine not exceeding level 1 on the standard scale.

Precepts and levies

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(1) Section 75 (special levies) shall be amended as follows.

(2) In subsection (2) for “Secretary of State” there shall be substituted “ appropriate Minister ”.

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(4) At the end of that section there shall be added the following subsection—

(8) In this section “the appropriate Minister” has the same meaning as in section 118 below.

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Grants

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(1) Section 77 (information) shall be omitted.

(2) This paragraph shall not affect the operation of section 77 as regards a case where a notice has been served under it before the coming into force of this paragraph.

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Funds

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In section 89(4) (use of sums paid into charging authority’s collection fund) for “settlement” there shall be substituted “ the making ”, and consequently in section 89(5) for “settling” there shall be substituted “ making ”.

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Financial administration

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The following subsection shall be inserted after subsection (3) of section 114 (functions of chief finance officer)—

(3A) It shall be the duty of the chief finance officer of a relevant authority, in preparing a report in pursuance of subsection (2) above, to consult so far as practicable— (a) with the person who is for the time being designated as the head of the authority’s paid service under section 4 of the Local Government and Housing Act 1989; and (b) with the person who is for the time being responsible for performing the duties of the authority’s monitoring officer under section 5 of that Act.

Existing rates

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(1) In section 118 (power to abolish or modify existing rates), at the end of subsection (1) there shall be added “ and, in the case of an internal drainage board, there shall be disregarded for the purposes of paragraph (b)above any agreement under section 81 of the Land Drainage Act 1976 under which the board have agreed that no drainage rate will be levied on occupiers or owners of certain rateable hereditaments ”.

(2) In subsections (2) and (4) of that section for the words “Secretary of State” there shall be substituted “ appropriate Minister ”.

(3) At the end of subsection (5) of that section there shall be added

and “the appropriate Minister” means— (a) as respects any internal drainage board whose district is wholly within England, the Minister of Agriculture, Fisheries and Food; (b) as respects any internal drainage board whose district is partly in England and partly in Wales, that Minister and the Secretary of State acting jointly; and (c) as respects any other body, the Secretary of State.

Information

68

The following section shall be inserted after section 139—

(139A) (1) Subsection (2) below applies where— (a) the Secretary of State serves a notice on a relevant authority or relevant officer requiring it or him to supply to the Secretary of State information specified in the notice, (b) the information is required by the Secretary of State for the purpose of deciding whether to exercise his powers, and how to perform his functions, under this Act, and (c) the information is not personal information. (2) The authority or officer shall supply the information required, and shall do so in such form and manner and at such time as the Secretary of State specifies in the notice. (3) If an authority or officer fails to comply with subsection (2) above the Secretary of State may assume the information required to be such as he sees fit; and in such a case the Secretary of State may decide in accordance with the assumption whether to exercise his powers, and how to perform his functions, under this Act. (4) In deciding whether to exercise his powers, and how to perform his functions, under this Act the Secretary of State may also take into accountany other information available to him, whatever its source and whether or not obtained under a provision contained in or made under this or any other Act. (5) Each of the following is a relevant authority— (a) a charging authority; (b) a precepting authority. (6) The community charges registration officer for a charging authority is a relevant officer. (7) Personal information is information which relates to an individual (living or dead) who can be identified from that information or from that and other information supplied to any person by the authority or officer concerned; and personal information includes any expression of opinion about the individual and any indication of the intentions of any person in respect of the individual. (8) This section shall have effect before 1 April 1990 as if after paragraph (b) of subsection (5) above there were inserted— (c) the Inner London Education Authority.

England and Wales: separate administration

69

(1) Section 140 (separate administration in England and Wales) shall be amended as follows.

(2) In subsection (1) after “VII” there shall be inserted “ , and paragraphs 1 to 4 of Schedule 12A below, ”.

(3) In subsection (2) the word “and” at the end of paragraph (e) shall be omitted, and after paragraph (f) there shall be inserted

and (a) separate reports under Schedule 12A below shall be made.

(4) In subsection (3) after “VII” there shall be inserted “ , and paragraphs 1 to 4 of Schedule 12A below, ”.

Payments

70

. . .

71

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

Orders and regulations

72

(1) Section 143 (orders and regulations) shall be amended as follows.

(2) In subsection (2) after “Secretary of State” there shall be inserted “ the Minister of Agriculture, Fisheries and Food ”.

(3) In subsection (3) for “(9)” there shall be substituted “ (9B) ”.

(4) In subsection (4) the words “57 or” shall be omitted.

(5) In subsection (5) after “118 above” there shall be inserted “ otherthan regulations relating to an internal drainage board ”.

(6) The following subsections shall be inserted after subsection (9)—

(9A) The power to make an order under paragraph 5 of Schedule 7A below shall be exercisable by statutory instrument, and no such order shall be made unless a draft of it has been laid before and approved by resolution of each House of Parliament. (9B) The power to make regulations under paragraph 5 or 6 of Schedule 12A below shall be exercisable by statutory instrument subject to annulment in pursuance of a resolution of the House of Commons.

(7) In subsection (10) after “118 above” there shall be inserted “ otherthan regulations relating to an internal drainage board ”.

Relevant population

73

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

74

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

Information

75

In section 146 (interpretation) the following subsection shall be inserted after subsection (5)—

(5A) Unless the context otherwise requires, “information” includes accounts, estimates and returns.

Tribunals

76

(1) Schedule 11 (tribunals) shall be amended as follows.

(2) In paragraph 2 (jurisdiction) the following paragraph shall be inserted at the end—

(c) paragraph 4 of Schedule 4A above.

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

General

77

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

78

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

79

(1) Paragraphs 7, 8, 52, 54, 56 and 66 above shall come into force at the expiry of the period of 2 months beginning on the day this Act is passed.

(2) Paragraphs 49(3), 60 and 63 above shall come into force on such day as the Secretary of State may by order made by statutory instrument appoint; and

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

(b) section 195(3) of this Act shall apply to an order under this sub-paragraph as it applies to an order under section 195(2).

(3) The 1988 Act shall be treated as having been enacted with the amendments made by this Schedule, except in so far as the amendments are made by paragraph 12, 57, or 68 above or any of the paragraphs mentioned in sub-paragraph (1) or (2) above.

80

In this Schedule “the 1988 Act” means the Local Government Finance Act 1988.

SCHEDULE 6

Valuation appeals to Lands Tribunal for Scotland

1

In section 1 of the Lands Tribunal Act 1949 (which provides as to, amongst other things, the jurisdiction of the Lands Tribunal for Scotland) after subsection (3B) there shall be inserted the following subsection—

(3BA) The Lands Tribunal for Scotland may also determine any appeal against thedecision of a valuation appeal committee not to refer to the Tribunal any appeal or complaint made to the committee and, where the Tribunal upholds such an appeal, the appeal or complaint made to the committee shall, for the purposes of this section, be regarded as having been referred by the committeeto the Tribunal for determination under subsection (3A) above.

2

In section 15 of the Local Government (Financial Provisions) (Scotland) Act 1963—

(a) after subsection (2) there shall be inserted the following subsection—

(2AA) A valuation appeal committee, on the joint application of the assessor and an appellant or complainer made within such period as may be prescribed by regulations made by the Secretary of State, shall refer the appeal or complaint to the Lands Tribunal for Scotland for determination under section 1(3A) of the Lands Tribunal Act 1949.

; and

(b) in subsection (2A) (regulations about valuation appeals to the Lands Tribunal for Scotland)—

(i) for the word “governing” there shall be substituted the words “ as to ”;

(ii) the word “and” between paragraphs (a) and (b) shall be omitted; and

(iii) at the end there shall be added the following paragraphs—

(c) the giving by a valuation appeal committee of reasons for its decision notto refer to the Tribunal any appeal or complaint made to the committee; and (d) the circumstances and manner in which an appeal may be made to theTribunal for determination under subsection (3BA) of section 1 of the Lands Tribunal Act 1949 (jurisdiction of the Tribunal to determine appeal against decision of valuation appeal committee not to refer an appeal or complaint to the Tribunal).

Rateable value of certain buildings used for breeding or rearing horses

3

In subsection (1) of section 6 of the Valuation and Rating (Scotland) Act 1956 (as certainment of annual and rateable values) for the words “the next following section" there shall be substituted the words “ sections 7 to 7B ”.

4

In that Act the following section shall be inserted after section 7A—

(7B) (1) This section applies to any lands and heritages the whole or any part of which consists of buildings which are— (a) used for the breeding and rearing of horses or for either of those purposes; and (b) occupied together with any agricultural land or agricultural building. (2) The rateable value of any lands and heritages to which this section applies shall be taken to be the amount determined under section 6 of this Act less whichever is the smaller of the following amounts— (a) such amount as the Secretary of State may by order specify for the purposes of this section; (b) the amount which but for this section would be determined under that section in respect of so much of the lands and heritages as consists of buildings so used and occupied. (3) An order under subsection (2) of this section shall be made by statutory instrument which shall be subject to annulment in pursuance of a resolution of either House of Parliament. (4) In this section— - “agricultural land” means any land of more than two hectares which is agricultural lands and heritages within the meaning of subsection (2) of section 7 of this Act and is not land used exclusively for the pasturing of horses; - “agricultural building” has the same meaning as in that subsection; and - “horses” has the same meaning as in section 6(4) of the Riding Establishments Act 1964.

Application of regulations about determination of net annual value

5

In section 6 of the Valuation and Rating (Scotland) Act 1956, after subsection (8B) (further provision as to regulations relating to determination of net annual value) there shall be inserted the following subsections—

(8C) For the purposes of subsection (8B) above, cases may be defined, described or classified by reference to such factors as the Secretary of State thinks fit. (8D) Without prejudice to the generality of subsection (8C) above, a case may be defined, described or classified by reference to one or more of the following factors— (a) the physical characteristics of lands and heritages; (b) the fact that lands and heritages are unoccupied or are occupied for purposes prescribed by the regulations or by persons of descriptions so prescribed.

Rateable value for purposes of levying rates after 1st April 1990

6

In section 7 of the Local Government (Scotland) Act 1975 (levying of rates) in subsection (1A) there shall be inserted at the end the words “ ; and references in this subsection to an apportioned value of part residential subjects are references to that part of that value which is shown in the apportionment note as relating to the non-residential use of the subjects, ”.

7

In section 128 of the Local Government Finance Act 1988 (levying of rates after 1st April 1990)—

(a) in subsection (1)—

(i) for the word “Every” there shall be inserted the words “ Then on-domestic ”; and

(ii) after the word “regards” there shall be inserted the words “ different areas and" ”;

(b) after that subsection there shall be inserted the following subsections—

(1A) The considerations referred to in paragraph (b) of subsection (1) above shall be such as the Secretary of State thinks fit and may, without prejudice to that generality, include considerations which otherwise would not relateto the determination of the rateable value of lands and heritages. (1B) The classification of lands and heritages for the purposes of subsection (1) above shall be by reference to such factors as the Secretary of State thinks fit and may, without prejudice to that generality, include the circumstances of persons by whom rates are payable. (1C) Regulations made under this section may, in relation to lands and heritages which are part residential subjects (within the meaning of the Abolition of Domestic Rates Etc. (Scotland) Act 1987), provide for the apportionment of the rateable value prescribed or determined under this section in respect of the subjects as between the residential and non-residential use of the subjects. (1D) A rateable value prescribed or determined under this section in respect of any lands and heritages shall be the rateable value of the lands and heritages for the purpose of the levying of the non-domestic rate but not for any other purposes.

; and

Exemption of church premises from the non-domestic rate

8

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

Extension of charitable rate relief to universities

9

In the Local Government (Financial Provisions etc.) (Scotland) Act 1962—

(a) in section 4, subsections (3) and (4), and

(b) the first Schedule,

shall be omitted.

Duty to notify registration officer about liability for collective community charge

10

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

Interest not payable on back dated liability for community charges where there is reasonable excuse for non-registration

11

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

Exemption from personal community charge

12

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

13

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14

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

15

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

Liability for non-domestic water rate

16

(1) In section 40(3) of the Water (Scotland) Act 1980 (which provides as to who is liable for the non-domestic water rate) there shall be inserted at the end the words “or who would be liable to pay those non-domestic rates but for any enactment which exempts the lands and heritages from those rates or by or under which any relief or remission from liability for those rates is given”.

(2) The amendment made by sub-paragraph (1) above shall be deemed to have come into force at the same time as paragraph 29 of Schedule 5 to the Abolition of Domestic Rates Etc. (Scotland) Act 1987.

Premises in respect of which non-domestic water rate is leviable

17

(1) In section 41 of the Water (Scotland) Act 1980 (levy of non-domestic waterrate on certain premises)—

(a) in the proviso to subsection (1) (rate to be levied on one half of rateable value or lower fraction resolved by water authority)—

(i) after the word “aforesaid” there shall be inserted the words “ orto any class of such premises ”; and

(ii) after the words “those premises” there shall be inserted the words “ or, as the case may be, to premises in that class ”; and

(b) in subsection (4) (premises subject to the rate) after the words “other premises ” there shall be inserted the words “ of whatsoever kind but ”.

(2) The amendments made by sub-paragraph (1) above shall be deemed always to have been in force.

Exemption of formula valued premises from non-domestic water rate

18

In section 6 of the Local Government (Scotland) Act 1975 (valuation by formula of certain lands and heritages) after subsection (1) there shall be inserted the following subsection—

(1A) The Secretary of State may by order provide that the non-domestic water rate shall not be leviable in respect of formula valued lands and heritages or of such formula valued lands and heritages or of such class or description of formula valued lands and heritages as may be prescribed for the purposes of this subsection. In this subsection, “formula valued lands and heritages” are lands and heritages which have, or lands and heritages of a class or description which has, been prescribed for the purposes of subsection (1) above.

19

In section 40 of the Water (Scotland) Act 1980 (non-domestic water rate)—

(a) in subsection (1), after the word “Act” there shall be inserted the words “ and section 6(1A) of the Local Government (Scotland) Act 1975 (exemption of formula valued premises from non-domestic water rate) ”;

(b) subsection (7) shall be omitted.

Liability for non-domestic sewerage rate

20

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

Reduced liability for non-domestic sewerage rate in respect of certain church and charity premises

21

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

Public inspection of community charges register

22

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

Exclusion from voting disability of local authority members who are community charge payers

23

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

Revocation of civil penalties imposed by registration officer

24

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

Evidence in appeals under Abolition of Domestic Rates Etc. (Scotland) Act 1987

25

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

No liability for community water charges where water previously supplied free

26

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

Provision of information by registration officer

27

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

Revenue support grants

28

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

29

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

SCHEDULE 7

1

Any reference in this Schedule to a section which is not otherwiseidentified is a reference to that section of the Landlordand Tenant Act 1954, Part II of which relates to security of tenure forbusiness, professional and other tenants.

2

(1) Subject to the following provisions of this Schedule, section 37 (compensation where order for new tenancy precluded on certain grounds) shall have effect with the amendments set out below.

(2) At the beginning of subsection (2) there shall be inserted the words “Subject to subsections (5A) to (5D) of this section”.

(3) After subsection (5) there shall be inserted the following subsections—

(5A) If part of the holding is domestic property, as defined in section 66 ofthe Local Government Finance Act 1988,— (a) the domestic property shall be disregarded in determining the rateable value of the holding under subsection (5) of this section; and (b) if, on the date specified in subsection (5)(a) of this section, the tenant occupied the whole or any part of the domestic property, the amount of compensation to which he is entitled under subsection (1) of this section shall be increased by the addition of a sum equal to his reasonable expenses in removing from the domestic property. (5B) Any question as to the amount of the sum referred to in paragraph (b) of subsection (5A) of this section shall be determined by agreement between the landlord and the tenant or, in default of agreement, by the court. (5C) If the whole of the holding is domestic property, as defined in section 66 of the Local Government Finance Act 1988, for the purposes of subsection (2) of this section the rateable value of the holding shall be taken to be an amount equal to the rent at which it is estimated the holding might reasonably be expected to let from year to year if the tenant undertook to pay all usual tenant’s rates and taxes and to bear the cost of the repairs and insurance and the other expenses (if any) necessary to maintain the holding in a state to command that rent. (5D) The following provisions shall have effect as regards a determination of an amount mentioned in subsection (5C) of this section— (a) the date by reference to which such a determination is to be made is the date on which the landlord’s notice under section 25 or, as the case may be,subsection (6) of section 26 of this Act is given; (b) any dispute arising, whether in proceedings before the court or otherwise, as to such a determination shall be referred to the Commissioners of Inland Revenue for decision by a valuation officer; (c) an appeal shall lie to the Lands Tribunal from such a decision but,subject to that, such a decision shall be final.

(4) At the end of subsection (8) (definition of “the appropriate multiplier”) there shall be added the words “and different multipliers may be so prescribed in relation to different cases”.

3

The amendments made by paragraph 2 above do not have effect unless the date which, apart from paragraph 4 below, is relevant for determining the rateable value of the holding under subsection (5) of section 37 is on or after 1st April 1990.

4

(1) Subject to paragraph 3 above and paragraph 5 below, in any case where—

(a) the tenancy concerned was entered into before 1st April 1990 or was entered into on or after that date in pursuance of a contract made before that date, and

(b) the landlord’s notice under section 25 or, as the case may be, section 26(6) is given before 1st April 2000, and

(c) within the period referred to in section 29(3) for the making of anapplication under section 24(1), the tenant gives notice to the landlord that he wants the special basis of compensation provided for by this paragraph,

the amendments made by paragraph 2 above shall not have effect and section 37 shall, instead, have effect with the modification specified in sub-paragraph (2) below.

(2) The modification referred to in sub-paragraph (1) above is that the date which is relevant for the purposes of determining the rateable value of the holding under subsection (5) of section 37 shall be 31st March 1990 insteadof the date on which the landlord’s notice is given.

5

In any case where—

(a) paragraph 4(1)(a) above applies, and

(b) on 31st March 1990, the rateable value of the holding could be determined only in accordance with paragraph (c) of subsection (5) of section 37,

no notice may be given under paragraph 4(1)(b) above.

SCHEDULE 8

1

Any reference in the following provisions of this Schedule to a sectionis a reference to that section of the Local Government Act1972.

2

(1) In section 21 (constitution of principal councils in Wales) in subsection(3) after the words “body corporate" there shall be inserted “and,subject to subsection (4) below, shall be known".

(2) After subsection (3) of that section there shall be inserted the followingsubsections—

(4) If and so long as this subsection is in force in relation to a principalcouncil, subsection (3) above shall have effect in relation to that councilas if for the words “The County Council" there were substituted “CyngorSir" or, as the case may be, as if for the words “The DistrictCouncil" there were substituted “Cyngor Dosbarth". (5) Subsection (4) above shall come into force in relation to a principalcouncil three months after the day on which, at a specially convened meetingof the council, it is resolved by a two-thirds majority of the members presentand voting that the Welsh language form of the council’s description shall beused; and that subsection shall cease to be in force in relation to aprincipal council three months after the day on which, at a specially convenedmeeting of the council, it is resolved by a similar majority that the Welshlanguage form of the council’s description shall cease to be used.

3

(1) In section 33 (constitution and powers of community council) in subsection(2) after the words “body corporate" there shall be inserted “and,subject to subsection (2A) below, shall be known".

(2) After subsection (2) of that section there shall be inserted the followingsubsections—

(2A) If and so long as this subsection is in force in relation to a communitycouncil, subsection (2) above shall have effect in relation to that councilas if for the words “The Community Council" there were substituted “Cyngor Cymuned". (2B) Subsection (2A) above shall come into force in relation to a communitycouncil three months after the day on which, at a specially convened meetingof the council, it is resolved by a two-thirds majority of the members presentand voting that the Welsh language form of the council’s description shall beused; and that subsection shall cease to be in force in relation to acommunity council three months after the day on which, at a specially convenedmeeting of the council, it is resolved by a similar majority that the Welshlanguage form of the council’s description shall cease to be used.

4

In section 74 (change of name of county, district etc.) in subsection (3)(notice of change of name) and in subsection (4) (change not to affect rights,liabilities etc.) after the words “this section", in each case, thereshall be inserted “or by virtue of a resolution under section 21(5)above".

5

In section 76 (change of name of community) in subsection (2) (notice ofchange of name) and in subsection (3) (change not to affect rights,liabilities etc.) after the words “this section", in each case, thereshall be inserted “or by virtue of a resolution under section 33(2B)above".

6

After section 245 (status of certain districts, parishes and communities)there shall be inserted the following section—

(245A) (1) If and so long as this subsection is in force in relation to a districtin Wales which, by virtue of section 245(1) above, has the status of a boroughor for which, by virtue of section 245(4) above, the style of borough may beused— (a) the council shall bear the name “Cyngor Bwrdeistref" instead of “Council of the Borough" or “Borough Council"; (b) the chairman of the council shall be entitled to the style “maer"instead of “mayor"; and (c) the vice-chairman of the council shall be entitled to the style “dirprwyfaer" instead of “deputy mayor". (2) Subject to subsection (3) below, subsection (1) above shall come intoforce in relation to a district which has the status of a borough, or forwhich the style of borough may be used, three months after the day on which,at a specially convened meeting of the council, it is resolved by a two-thirdsmajority of the members present and voting that the Welsh language form of thecouncil’s description shall be used. (3) A resolution under subsection (2) above may be passed by the council ofa district in Wales notwithstanding that, at the time it is passed, thecouncil does not have the status of a borough; but, if a resolution is passedat such a time, subsection (1) above shall not come into force unless, norearlier than, the status of a borough is conferred on the district by virtueof section 245(1) above. (4) Subsection (1) above shall cease to be in force in relation to a districtwhich has the status of a borough, or for which the style of borough may beused, three months after the day on which, at a specially convened meeting ofthe council, it is resolved by a two-thirds majority of the members presentand voting that the Welsh language form of the council’s description shallcease to be used. (5) If and so long as this subsection is in force in relation to a communitywhich, by virtue of section 245(6) above, has the status of a town— (a) the council shall bear the name “Cyngor Tref" instead of “councilof the town" or “town council"; (b) the chairman of the council shall be entitled to the style “maer ydref" instead of “town mayor"; and (c) the vice-chairman of the council shall be entitled to the style “dirprwyfaer y dref" instead of “deputy town mayor". (6) Subsection (5) above shall come into force in relation to a communitywhich has the status of a town three months after the day on which, at aspecially convened meeting of the council, it is resolved by a two-thirdsmajority of the members present and voting that the Welsh language form of thecouncil’s description shall be used. (7) Subsection (5) above shall cease to be in force in relation to a communitywhich has the status of a town three months after the day on which, at aspecially convened meeting of the council, it is resolved by a two-thirdsmajority of the members present and voting that the Welsh language form of thecouncil’s description shall cease to be used. (8) Subsection (10) of section 245 above has effect in relation to thissection as it has effect in relation to the foregoing provisions of thatsection.

SCHEDULE 9

Part I — Amendments of Part VI

1

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

2

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3

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4

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5

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6

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7

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8

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9

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10

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11

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12

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13

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Part II — Amendments of Part IX

14

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

15

Section 266 (power to make closing order as to part of building) shall cease to have effect.

16

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

17

(1) In section 269 (right of appeal against order), in subsection (2) after the word “premises” there shall be inserted “or part of the premises”.

(2) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(3) In subsection (3) of that section, paragraph (b) and the word “and” immediately preceding it shall be omitted.

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

(5) Subsections (4) and (5) of that section shall cease to have effect.

18

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

(2) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

19

In section 273 (demolition orders: cleansing before demolition), in subsection (4) for the word “house” there shall be substituted “ premises ”.

20

(1) In section 274 (demolition orders: power to permit reconstruction of condemned house), in subsection (1) for the word “house”, in each place where it occurs, there shall be substituted “premises”.

(2) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

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

21

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22

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23

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

24

Sections 280, 281 and 282 (which relate to the closing etc. of underground rooms) shall cease to have effect.

25

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

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

(2A) A residential building containing one or more flats shall be treated for the purposes of this section as unfit for human habitation if some or all of the flats within it are unfit for human habitation. (2B) Before declaring an area to be a clearance area, the authority shall— (a) serve notice of their intention to include a building in the clearance area on every person who has an interest in the building (whether as freeholder, lessee or mortgagee) and also, in the case of a residential building, on every person who has such an interest in any flat in the building; and (b) take reasonable steps to inform any occupiers of a residential building who do not have such an interest in the building or a flat in the building as is referred to in paragraph (a) of their intention to include the building inthe clearance area; and (c) publish in two or more newspapers circulating in the locality (of which one at least shall, if practicable, be a local newspaper) notice of their intention to declare the area to be a clearance area. (2C) A notice served under paragraph (a) of subsection (2B) shall invite representations from the person on whom the notice was served within such reasonable period, being not less than twenty-eight days after the date on which the notice is served, as may be specified in the notice. (2D) The authority shall, by the steps taken in relation to occupiers of a residential building as mentioned in paragraph (b) of subsection (2B), invite representations from those occupiers within such reasonable period, expiring not less than twenty-eight days after the date on which the steps are taken,as may be specified by the authority. (2E) A notice published in accordance with paragraph (c) of subsection (2B) shall invite representations from any interested persons within such reasonable period, being not less than twenty-eight days after the date on which the notice is published, as may be specified in the notice. (2F) The authority shall consider all representations made under subsections (2C), (2D) and (2E) and, in the light of the representations, shall take whichever of the following decisions they think appropriate, that is to say— (a) they may decide to declare the area to be a clearance area; or (b) they may decide to declare the area to be a clearance area but exclude such residential buildings which are unfit for human habitation as they think fit; or (c) they may decide not to declare the area to be a clearance area.

(3) In subsection (3) of that section,—

(a) for the words “If the authority are so satisfied” there shall be substituted the words “ Subject to subsection (5B), where the authority decide to declare an area to be a clearance area in accordance with paragraph(a) or paragraph (b) of subsection (2F) ”; and

(b) in paragraph (a), for the words from “any building” onwards there shall be substituted—

(i) any residential building which is not unfit for human habitation or dangerous or injurious to health; (ii) any other building which is not dangerous or injurious to health; and (iii) any residential buildings which, by virtue of subsection (2F)(b), they have decided to exclude from the area; and

(4) After subsection (5) there shall be inserted the following subsections—

(5A) Where a residential building which is unfit for human habitation is not included within a clearance area, whether by virtue of paragraph (b) or paragraph (c) of subsection (2F), the authority shall forthwith, in accordance with section 604A (disregarding guidance under that section in respect of this section), take action in respect of the building (and any flat contained within it) under whichever of sections 189, 264 and 265 it considers to be the most satisfactory course of action. (5B) Subject to section 578A, a clearance area may not include any parcel of land which is not contiguous with another parcel of land within the area; and,where the effect of subsection (3) would otherwise be that a clearance area would comprise two or more separate and distinct areas, paragraph (b) of that subsection shall have effect as if for the words “pass a resolution declaring the area so defined” there were substituted “ if the effect of paragraph (a) would otherwise be that the area would comprise two or more separate and distinct areas, pass a separate resolution in respect of each of those areas declaring each of them ”.

26

In section 291 (method of dealing with land acquired for clearance), in subsection (3) the words “Schedule 11 (rehabilitation orders)” shall be omitted.

27

(1) In section 294 (extinguishment of public rights of way over land acquired), at the end of subsection (1) there shall be added the words “ as from such date as the Secretary of State in approving the order may direct ”.

(2) In subsection (2) of that section for the words from “they may make”onwards there shall be substituted “ an order made by the authority in advance of the purchase and approved by the Secretary of State (whether before or after the purchase) shall extinguish that right as from such date as the Secretary of State in approving the order may direct ”.

(3) In subsection (3) of that section—

(a) for the word “six” there shall be substituted “ four ”; and

(b) after the word “publication” there shall be inserted “ then, subject to subsection (4) ”.

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

(4) The Secretary of State may dispense with such an inquiry as is referred to in subsection (3) if he is satisfied that in the special circumstances of the case the holding of such an inquiry is unnecessary.

28

Section 299 and Schedule 11 (rehabilitation orders in respect of houses in clearance areas) shall cease to have effect.

29

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

30

(1) In section 301 (retention of houses acquired for clearance), in subsection (1) for the word “houses”, in each place where it occurs, there shall be substituted “ residential buildings ”.

(2) In subsection (2) of that section for the word “house”, in each place where it occurs, there shall be substituted “ residential building ”.

(3) In subsection (3) of that section for the word “houses”, in each place where it occurs, there shall be substituted “ residential buildings ”.

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

(4) In this section and section 302 “residential building” has the same meaning as it has in section 289.

31

In section 302 (management and repair of house acquired under s. 300 or retained under s. 301)—

(a) for the word “house”, in each place where it occurs except in paragraph (c), there shall be substituted “ residential building ”; and

(b) in paragraph (c) for the word “house” there shall be substituted “ residential building or any flat in the building ”.

32

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33

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

(2) In subsection (6) of that section for the word “house”, in each place where it occurs, there shall be substituted “ residential building ”.

(3) After subsection (7) of that section there shall be inserted the following subsection—

(8) In this section “residential building” has the same meaning as in section 289; and subsection (2A) of that section shall apply in determining whether a residential building containing one or more flats is unfit for human habitation for the purposes of subsection (4) as it applies for the purposes of that section.

34

In section 306 (building becoming listed when acquired by agreement for clearance), in subsection (2), in paragraph (b) for the word “house” there shall be substituted “ residential building (within the meaning of section 289) ”.

35

In section 309 (recovery of possession of premises for purposes of approved re-development), in subsection (2) for the word “house”, in each place where it occurs, there shall be substituted “ dwelling-house ”.

36

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

37

In section 315 (power of court to order occupier or owner to permit things to be done), in subsection (1)—

(a) in paragraph (a) the words “or person having control” shall be omitted; and

(b) in paragraph (b) for the words “owner or person having control” there shall be substituted “ or owner ”.

38

In section 318 (power of court to authorise execution of works on unfit premises or for improvement), in subsection (1) for the word “houses” there shall be substituted “ dwelling-houses or houses in multiple occupation or both ”.

39

(1) In section 319 (powers of entry), in subsection (1) for the words “24 hours” there shall be substituted “ seven days ”.

(2) At the end of subsection (2) of that section there shall be added the words “ and shall, if so required, be produced for inspection by the occupier or anyone acting on his behalf ”.

40

(1) In section 320 (penalty for obstruction), in subsection (1) after the word “offence” there shall be inserted “ intentionally ”.

(2) In subsection (2) of that section for the words “level 2” there shall be substituted “ level 3 ”.

41

Section 321 (repair at reasonable expense) shall cease to have effect.

42

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

43

In section 323 (index of defined expressions: Part IX)—

(a) the entries beginning “the full standard”, “general improvement area”, “house”, “land liable to be cleared”, “person having control”, “slum clearance functions”, “slum clearance subsidy” and “year” shall be omitted

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

dwelling-house	sections 266 and 322
flat	section 322
house in multiple occupation	section 322
premises	section 322

Part III — Amendments of Part XI

44

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45

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46

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47

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48

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49

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50

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51

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52

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53

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54

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55

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56

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57

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58

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59

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60

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61

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62

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63

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64

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65

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66

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67

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68

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69

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70

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71

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Part IV — Amendments of Part XVII

72

After section 578 (general enactments relating to compulsory purchase etc.apply subject to this Part) there shall be inserted the following section—

(578A) (1) Subsection (2) applies where the local housing authority make a compulsory purchase order, within the meaning of the Acquisition of Land Act 1981, in respect of land they have determined to purchase under section 290 (acquisition of land comprised, surrounded by or adjoining a clearance area). (2) Where this subsection applies, the Secretary of State may, in accordance with section 13 of the Acquisition of Land Act 1981 (confirmation of order),confirm the order with modifications notwithstanding that the effect of the modifications made by him in excluding any land or buildings from the clearance area concerned is to sever the area into two or more separate and distinct areas; and, in such a case, the severance shall not prevent those areas from continuing to be treated as one clearance area for the purposes of the provisions of Part IX.

73

Sections 579 to 581 (special provision as regards acquisition of land for clearance, incorporation of enactments relating to mineral rights and acquisition of commons, open spaces etc.) shall cease to have effect.

74

In section 582 (restriction on recovery of possession after making compulsory purchase order), in subsection (1), in paragraph (a) the words from “section 192” to “beyond repair) or” shall be omitted.

75

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

76

Sections 585 to 595 (which concern site value compensation for unfit houses and related matters and certain other land compensation matters) shall cease to have effect.

77

Section 598 (disregard of things done to obtain increased compensation) shall cease to have effect.

78

In section 599 (application of compensation due to another local authority) the words from “section 192” to “beyond repair)” shall be omitted.

79

(1) In section 600 (powers of entry), in subsection (1) for the words “24 hours”' there shall be substituted “ seven days ”'.

(2) At the end of subsection (2) of that section there shall be added the words “ and shall, if so required, be produced for inspection by the occupier or anyone acting on his behalf ”.

80

(1) In section 601 (penalty for obstruction), in subsection (1) after the word “offence” there shall be inserted “ intentionally ”.

(2) In subsection (2) of that section for the words “level 2” there shall be substituted “ level 3 ”.

81

In section 602 (minor definitions)—

(a) the definition of “house” shall be omitted; and

(b) in paragraph (b) of the definition of “owner” after the word “premises” there shall be inserted “ or part of the premises ”.

82

For section 603 (index of defined expressions: Part XVII) there shall be substituted the following section—

(603) The following Table shows provisions defining or otherwise explaining expressions used in this Part (other than provisions defining or otherwise explaining an expression used in the same section or paragraph):—

clearance area	section 289
closing order	section 264
demolition order	section 265
compulsory purchase value	section 584A
lease and lessee	section 621
local housing authority	section 1, 2(2).

Part V — Amendments of Part XVIII

83

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84

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85

For section 605 there shall be substituted the following section—

(605) (1) The local housing authority shall at least once in each year consider the housing conditions in their district with a view to determining what action to take in performance of their functions under— (a) Part VI (repair notices); (b) Part IX (slum clearance); (c) Part XI (houses in multiple occupation); (d) Part VII of the Local Government and Housing Act 1989 (renewal areas); and (e) Part VIII of that Act (grants towards cost of improvements and repairs etc.). (2) For the purposes of carrying out their duty under subsection (1), the authority and their officers shall comply with any directions the Secretary of State may give and shall keep such records and supply him with such information as he may specify.

86

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87

In section 608 (acquisition of ancient monuments etc.), in paragraph (a) the words from “section 192” to “beyond repair) or” shall be omitted.

88

In section 610 (power of court to authorise conversion of houses into flats), in subsection (1)—

(a) for the words “a house” there shall be substituted “ any premises ”;

(b) for the word “house”, in each subsequent place where it occurs, there shall be substituted “ premises ”; and

(c) in paragraph (a) for the words “is situated, it” there shall besubstituted “ are situated, they ” and for the words “tenement” and “tenements” there shall be substituted “ dwelling-house ” and “ dwelling-houses ” respectively.

89

In section 612 (exclusion of Rent Act protection) for the word “house” there shall be substituted “ dwelling-house ”.

90

(1) In section 623 (minor definitions: Part XVIII), for the definition of “house” there shall be substituted—

“dwelling-house” and “flat”, except in the expression “flat in multiple occupation”, shall be construed in accordance with subsection (2); “house in multiple occupation” and “flat in multiple occupation” have the same meaning as in Part XI;

(2) At the end of that section there shall be inserted the following subsection—

(2) For the purposes of this Part, “dwelling-house” includes any yard, garden, outhouses and appurtenances belonging to it or usually enjoyed with it and section 183 shall have effect to determine whether a dwelling-house is a flat.

91

In section 624 (index of defined expressions: Part XVIII)—

(a) the entry beginning “house” shall be omitted; and

(b) at the appropriate places in alphabetical order there shall be inserted the following entries—

dwelling-house	section 623
flat	section 623
---	---
flat in multiple occupation	section 623
---	---
house in multiple occupation	section 623
---	---

SCHEDULE 10

Preliminary

1

(1) This Schedule applies to a long tenancy of a dwelling-house at a low rent as respects which for the time being the following condition (in this Schedule referred to as “the qualifying condition”) is fulfilled, that is to say, that the circumstances (as respects the property let under the tenancy, the use of that property and all other relevant matters) are such that—

(a) in relation to a dwelling-house in England, if the tenancy were not at a low rent and were not for a term of more than seven years, it would at that time be an assured tenancy within the meaning of Part 1 of the Housing Act 1988 (c. 50);

(b) in relation to a dwelling-house in Wales, if the tenancy were not at a low rent and assured tenancies had not been abolished in Wales (by section 239 of the Renting Homes (Wales) Act 2016), it would at that time be an assured tenancy within the meaning of Part 1 of the Housing Act 1988.

(2) For the purpose only of determining whether the qualifying condition is fulfilled with respect to a tenancy, Schedule 1 to the Housing Act 1988 (tenancies which cannot be assured tenancies) shall have effect with the omission of paragraph 1 (which excludes tenancies entered into before, or pursuant to contracts made before, the coming into force of Part I of that Act).

(2A) For the purpose only of determining whether the qualifying condition is fulfilled with respect to a tenancy which is entered into on or after 1st April 1990 (otherwise than, where the dwelling-house has a rateable value on 31st March 1990, in pursuance of a contract made before 1st April 1990), for paragraph 2(1)(b) and (2) of Schedule 1 to the Housing Act 1988 there shall be substituted—

(b) where (on the date the contract for the grant of the tenancy was made or, if there was no such contract, on the date the tenancy was entered into) R exceeded £25,000 under the formula— $$R=P×I1-(1+I)-T$where—P is the premium payable as a condition of the grant of the tenancy (and includes a payment of money’s worth) or, where no premium is so payable, zero,I is 0.06,T is the term, expressed in years, granted by the tenancy (disregarding any right to terminate the tenancy before the end of the term or to extend the tenancy).$

(3) At any time within the period of twelve months ending on the day preceding the term date, application may be made to the court as respects any long tenancy of a dwelling-house at a low rent, not being at the time of the application a tenancy as respects which the qualifying condition is fulfilled, for an order declaring that the tenancy is not to be treated as a tenancy to which this Schedule applies.

(4) Where an application is made under sub-paragraph (3) above—

(a) the court, if satisfied that the tenancy is not likely immediately before the term date to be a tenancy to which this Schedule applies but not otherwise, shall make the order; and

(b) if the court makes the order, then, notwithstanding anything in sub-paragraph (1) above the tenancy shall not thereafter be treated as a tenancy to which this Schedule applies.

(5) A tenancy to which this Schedule applies is hereinafter referred to as a long residential tenancy.

(6) Anything authorised or required to be done under the following provisionsof this Schedule in relation to a long residential tenancy shall, if done before the term date in relation to a long tenancy of a dwelling-house at a low rent, not be treated as invalid by reason only that at the time at which it was done the qualifying condition was not fulfilled as respects the tenancy.

(7) In determining for the purposes of any provision of this Schedule whether the property let under a tenancy was let as a separate dwelling, the natureof the property at the time of the creation of the tenancy shall be deemed to have been the same as its nature at the time in relation to which the question arises, and the purpose for which it was let under the tenancy shall be deemed to have been the same as the purpose for which it is or was used at the last-mentioned time.

(8) The Secretary of State may by order replace the number in the definition of “I” in sub-paragraph (2A) above and any amount referred to in that sub-paragraph and paragraph 2(4)(b) below by such number or amount as is specified in the order; and such an order shall be made by statutory instrument which shall be subject to annulment in pursuance of a resolution of either House of Parliament.

1A

(1) In relation to a dwelling-house in Wales, when a long tenancy not at a low rent—

(a) comes to an end after the appointed day,

(b) the fixed term has come to an end otherwise than by virtue of—

(i) an order of the court, or

(ii) a surrender or other action on the part of the tenant,

(c) at that time, it would have been an assured tenancy, within the meaning of Part 1 of the Housing Act 1988, if assured tenancies had not been abolished in Wales (by section 239 of the Renting Homes (Wales) Act 2016), and

(d) the tenant remains in occupation of the dwelling-house after the end of the term,

the landlord and the tenant are to be treated as having made a new periodic standard contract in relation to the dwelling-house.

(2) The new contract arising under sub-paragraph (1)—

(a) has an occupation date falling immediately after the end of the fixed term,

(b) has rental periods that are the same as those for which rent was last payable under the fixed term tenancy, and

(c) incorporates the fundamental and supplementary provisions applicable to periodic standard contracts as terms of the new contract without modification.

(3) Subject to sub-paragraph (2), the new contract has the same terms as the long tenancy immediately before it ended.

(4) A new occupation contract does not arise as described in sub-paragraph (1) if the landlord and the contract-holder have made a new occupation contract in relation to the same (or substantially the same) dwelling which has an occupation date falling immediately after the long tenancy ends.

(5) If, before or on the occupation date of a new occupation contract arising as described in sub-paragraph (1) or (4)—

(a) the tenant enters into an obligation to do an act which will cause the new contract to end, or

(b) the tenant gives any notice or other document that would, but for this paragraph, cause the new contract to end,

the obligation is unenforceable or (as the case may be) the notice or document is of no effect.

(6) The requirement in section 39(1) of the 2016 Act (provision by landlord of information about the landlord) does not apply in relation to a periodic standard contract arising under sub-paragraph (1).

2

(1) This paragraph has effect for the interpretation of certain expressions used in this Schedule.

(2) Except where the context otherwise requires, expressions to which a meaning is assigned for the purposes of the 1988 Act or Part I of that Act have the same meaning in this Schedule.

(2A) The following terms have the same meaning as in the Renting Homes (Wales) Act 2016—

“appointed day” (see section 242 of that Act);

“contract-holder” (see section 7 of that Act);

“fundamental term” (see section 19 of that Act);

“standard contract” (see section 8 of that Act);

“written statement” (see section 31 of that Act).

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