|
| |
|
“improvement contribution” has the same meaning as in Part 5 |
| |
| |
“repairs” includes works for making good a structural defect.” |
| |
| |
(1) | In paragraph 11(5B) of Schedule 5 to the Housing Act 1985 (c. 68) (exceptions |
| 5 |
to the right to buy for certain accommodation for the elderly: appeals etc. to the |
| |
High Court possible by virtue of disapplication of section 231(4) of the Housing |
| |
Act 2004 (c. 34)) for “Section 231” substitute “Section 231(1), (2), (3) and (5)”. |
| |
(2) | Subsection (1) does not apply to— |
| |
(a) | appeals begun, or cases stated and signed, before the coming into force |
| 10 |
| |
(b) | rights of appeal, or rights to have a case stated and signed, which have |
| |
accrued before that time. |
| |
(3) | In paragraph 5 of Schedule 5A to the Housing Act 1985 (service of initial |
| |
demolition notices) for “Schedule 13” substitute “Schedule 5”. |
| 15 |
| |
295 | Disposals of dwelling-houses by local authorities |
| |
Schedule 10 (which makes provision about the requirements for consent for |
| |
disposals of dwelling-houses by local authorities) has effect. |
| |
296 | Financial assistance for information and other services |
| 20 |
(1) | In section 94(1) of the Housing Act 1996 (c. 52) (financial assistance for |
| |
provision of general legal advice about residential tenancies and advice about |
| |
estate management schemes in connection with enfranchisement)— |
| |
(a) | after “person of” insert “information, training or”, |
| |
(b) | after “about” insert “, or a dispute resolution service in connection |
| 25 |
| |
(c) | at the end of paragraph (a), after “tenancies,”, insert— |
| |
“(aa) | any other matter relating to residential tenancies,”, and |
| |
(d) | in paragraph (b), at the beginning, insert “any matter relating to”. |
| |
(2) | In the heading of section 94 of that Act (and the italic cross-heading before it) |
| 30 |
for “legal advice” substitute “advice etc.”. |
| |
| |
Housing finance and other provisions |
| |
Housing Revenue Account subsidy |
| |
297 | Exclusions from subsidy arrangements |
| 35 |
(1) | After section 80A of the Local Government and Housing Act 1989 (c. 42) |
| |
|
| |
|
| |
|
(housing finance: Housing Revenue Account subsidy) insert— |
| |
“80B | Agreements to exclude certain authorities or property |
| |
(1) | Subsection (2) applies if an agreement is in force between the |
| |
appropriate person and a local housing authority for sections 79 to 80A |
| |
not to apply in relation to— |
| 5 |
| |
(b) | specified property, or specified descriptions of property, of the |
| |
| |
(2) | Sections 79 to 80A do not apply in relation to the authority or (as the |
| |
case may be) property for each year provided for in the agreement. |
| 10 |
(3) | Such an agreement may, in particular, contain terms and conditions |
| |
| |
(a) | the period of years for which sections 79 to 80A are not to apply |
| |
(whether a fixed or indefinite period); |
| |
(b) | payments to the authority by the appropriate person or by the |
| 15 |
authority to the appropriate person; |
| |
(c) | the levels of rent for specified property or specified descriptions |
| |
of property (in the case of an agreement of the kind mentioned |
| |
| |
(d) | the provision of information; |
| 20 |
(e) | the variation or termination of the agreement (whether on the |
| |
occurrence of particular events, at the discretion of the |
| |
appropriate person or otherwise). |
| |
(4) | The appropriate person may give directions about supplementary, |
| |
incidental, consequential or transitional matters relating to the |
| 25 |
variation or termination of an agreement of the kind mentioned in |
| |
| |
(5) | Such directions may not override any provision made on the subject by |
| |
the agreement unless the directions are given with the consent of the |
| |
local housing authority concerned. |
| 30 |
(6) | The provision made by the directions or the agreement may, in |
| |
particular, include transitional provision about the terms and |
| |
conditions on which the authority or (as the case may be) property is to |
| |
become subject to sections 79 to 80A after the termination of the |
| |
| 35 |
(7) | This section does not restrict the circumstances in which Housing |
| |
Revenue Account subsidy is otherwise not payable to a local housing |
| |
authority, or in respect of particular property, by virtue of this Part. |
| |
| |
“property” means land, houses, dwellings, buildings or property |
| 40 |
of a kind falling within paragraphs (a) to (f) of section 74(1) |
| |
(property within the Housing Revenue Account); and includes |
| |
| |
“specified, in relation to an agreement, means specified in the |
| |
| 45 |
|
| |
|
| |
|
(2) | In section 88(1)(aa)(ii) of that Act (construction of Part 6: meaning of |
| |
“appropriate person”) for “National Assembly for Wales” substitute “Welsh |
| |
| |
(3) | In Part 3 of Schedule 4 to that Act (the keeping of the Housing Revenue |
| |
Account: special cases) in paragraph 2— |
| 5 |
(a) | at the beginning insert “(1)”, and |
| |
| |
“(2) | Sub-paragraph (1) does not apply to a local housing authority |
| |
in respect of a year if, by virtue of section 80B(2), sections 79 |
| |
to 80A do not apply in relation to the authority for that year.” |
| 10 |
Homelessness and allocation of housing |
| |
298 | Armed forces: homelessness and allocation of housing |
| |
In section 199 of the Housing Act 1996 (c. 52) (local connection test for |
| |
homelessness and housing allocation purposes: different treatment of armed |
| |
| 15 |
| |
(b) | in subsection (3), paragraph (a) and the “or” following it, |
| |
| |
(d) | in subsection (5), the word “other”. |
| |
| 20 |
299 | Amendments to Housing Act 1985 relating to lending institutions |
| |
In section 622(1) of the Housing Act 1985 (c. 68) (minor definitions: general)— |
| |
(a) | in the definition of “authorised deposit taker”, in paragraph (b), for |
| |
“12(1)” substitute “12”, and |
| |
(b) | in the definition of “authorised insurer”, in paragraph (b), for “12(1)” |
| 25 |
| |
300 | Building regulations: time limit for prosecutions |
| |
(1) | Section 35A of the Building Act 1984 (c. 55) (time limit for prosecution for |
| |
contravention of certain building regulations) is amended as follows. |
| |
(2) | In the heading omit “certain”. |
| 30 |
(3) | In subsection (1) for “a relevant offence” substitute “an offence under section |
| |
| |
(4) | Omit subsections (2), (3) and (6). |
| |
(5) | Subsections (1) to (4) above do not apply to offences committed before the |
| |
coming into force of this section. |
| 35 |
|
| |
|
| |
|
301 | Protected mobile home sites to include sites for gypsies and travellers |
| |
In section 5(1) of the Mobile Homes Act 1983 (c. 34) (interpretation), in the |
| |
definition of “protected site”, omit the words from “does not include” to |
| |
| |
302 | Financial assistance for certain services about commonhold |
| 5 |
(1) | In section 62(1) of the Commonhold and Leasehold Reform Act 2002 (c. 15) |
| |
(financial assistance for general advice about an aspect of the law of |
| |
commonhold land so far as relating to residential matters)— |
| |
(a) | after “person of” insert “information, training or”, |
| |
(b) | for “about an” substitute “about, or a dispute resolution service in |
| 10 |
| |
| |
(c) | after “matters” insert “, or |
| |
(b) | any other matter relating to commonhold land and residential |
| |
| 15 |
(2) | In the heading of section 62 of that Act after “advice” insert “etc.”. |
| |
| |
Supplementary and final provisions |
| |
303 | Orders and regulations |
| |
(1) | The power of the Secretary of State, the Treasury or the Welsh Ministers to |
| 20 |
make orders or regulations under this Act— |
| |
(a) | is exercisable by statutory instrument, |
| |
(b) | may be exercised so as to make provision generally or subject to |
| |
exceptions or only in relation to specified cases or circumstances or |
| |
| 25 |
(c) | may be exercised so as to make different provision for different cases or |
| |
descriptions of case, different circumstances, different purposes or |
| |
| |
(d) | includes power to make supplementary, incidental, consequential, |
| |
transitional, transitory or saving provision. |
| 30 |
(2) | Subsection (1) does not apply to orders under— |
| |
| |
(b) | paragraph 3 of Schedule 3, or |
| |
| |
(3) | An instrument containing— |
| 35 |
(a) | an order under section 14(8), |
| |
(b) | an order of the Secretary of State under section 304, |
| |
(c) | regulations under section 71 or 73, or |
| |
(d) | regulations of the Secretary of State under section 266(3) or 277, |
| |
| may not be made unless a draft of the instrument has been laid before, and |
| 40 |
approved by a resolution of, each House of Parliament. |
| |
|
| |
|
| |
|
(4) | An instrument containing an order under section 26 may not be made unless a |
| |
draft of the instrument has been laid before, and approved by a resolution of, |
| |
| |
(5) | An instrument containing— |
| |
(a) | an order under section 13 or 39 or Part 2, |
| 5 |
(b) | regulations under Part 2, |
| |
(c) | regulations of the Secretary of State under Chapter 1 of Part 3 |
| |
(including Schedule 8 but excluding sections 266(3) and 277), |
| |
(d) | regulations of the Secretary of State under section 284, or |
| |
(e) | regulations under Part 3 of Schedule 3, |
| 10 |
| is subject to annulment in pursuance of a resolution of either House of |
| |
| |
(6) | An instrument containing an order of the Welsh Ministers under section 304 or |
| |
regulations of the Welsh Ministers under section 266(3) or 277 may not be made |
| |
unless a draft of the instrument has been laid before, and approved by a |
| 15 |
resolution of, the National Assembly for Wales. |
| |
(7) | An instrument containing regulations of the Welsh Ministers under Chapter 1 |
| |
of Part 3 (including Schedule 8 but excluding sections 266(3) and 277) or section |
| |
284 is subject to annulment in pursuance of a resolution of the National |
| |
| 20 |
304 | Consequential amendments and repeals |
| |
(1) | Schedule 11 (which contains repeals) has effect. |
| |
(2) | The Secretary of State may by order make such supplementary, incidental or |
| |
consequential provision as the Secretary of State considers appropriate for the |
| |
general purposes, or any particular purpose, of this Act or in consequence of |
| 25 |
any provision made by or under this Act or for giving full effect to this Act or |
| |
| |
(3) | The power conferred by subsection (2) may, in particular, be exercised by |
| |
amending, repealing, revoking or otherwise modifying any provision made by |
| |
or under an enactment (including this Act and any Act passed in the same |
| 30 |
| |
(4) | The power conferred by subsections (2) and (3) is also exercisable by the Welsh |
| |
Ministers so far as it is exercisable in relation to matters with respect to which |
| |
functions are exercisable by the Welsh Ministers. |
| |
305 | Transitional, transitory or saving provision |
| 35 |
(1) | The Secretary of State may by order make such transitional, transitory or |
| |
saving provision as the Secretary of State considers appropriate in connection |
| |
with the coming into force of any provision of this Act other than a Welsh |
| |
| |
(2) | The Welsh Ministers may by order make such transitional, transitory or saving |
| 40 |
provision as the Welsh Ministers consider appropriate in connection with the |
| |
coming into force of any Welsh provision. |
| |
(3) | In this section “Welsh provision” means any provision of this Act so far as it is |
| |
to be brought into force by an order of the Welsh Ministers. |
| |
|
| |
|