563 Duties of public sector authority disposing of defective dwelling.
(1) A public sector authority shall, where a person is to acquire a relevant interest in a defective dwelling on a disposal by the authority, give him notice in writing before the time of the disposal—
(a) specifying the qualifying defect, and
(b) stating that he will not be eligible for assistance under this part in respect of the dwelling.
(2) A public sector authority shall, before they convey a relevant interest in a defective dwelling in pursuance of a contract to a person on whom a notice under subsection (1) has not been served, give him notice in writing—
(a) specifying the qualifying defect,
(b) stating, where the time of disposal of the interest falls after the cut-off date, that he will not be eligible for assistance under this Part, and
(c) stating the effect of subsection (3)
(3) A person on whom a notice under subsection (2) is served—
(a) is not obliged to complete the conveyance before the expiry of the period of six months beginning with the service of that notice on him, and
(b) may within that period withdraw from the transaction by notice in writing to the authority to that effect;
and upon such a notice of withdrawal being given to the authority the parties to the contract are discharged from any obligations in connection with it and any deposit paid shall be repaid.
(4) Where a public sector authority are required to serve a notice under section 124 (landlord’s response to notice claiming to exercise right to buy) in respect of a defective dwelling, the notice under subsection (1) shall be served with that notice.
(5) A notice under subsection (1) or (2) shall, (except in the case of a notice under subsection (1) which is served in accordance with subsection (4)), be served at the earliest date at which it is reasonably practicable to do so.
564 Reinstatement of defective dwelling by local housing authority.
(1) Where a relevant interest in a defective dwelling has been disposed of by a public sector authority, the local housing authority may, before the end of the period within which a person may seek assistance under this Part in respect of the dwelling, enter into an agreement with—
(a) any person holding an interest in the dwelling, or
(b) any person who is a statutory tenant of it,
to execute at his expense any of the work required to reinstate the dwelling.
(2) For the purposes of this section a disposal by or under an enactment of an interest in a dwelling held by a public sector authority shall be treated as a disposal of the interest by the authority.
(1) Where a person who is eligible for assistance in respect of a defective dwelling—
(a) dies, or
(b) disposes of his interest in the dwelling (otherwise than on a disposal for value) to such a person as is mentioned in section 527(a) (persons qualifying for assistance: individuals, trustees for individuals and personal representatives),
this Part applies as if anything done (or treated by virtue of this subsection as done) by or in relation to the person so eligible had been done by or in relation to his personal representatives or, as the case may be, the person acquiring his interest.
(2) In sections 549 to 551 (subsidiary forms of financial assistance) references to the owner of an interest in a defective dwelling include his personal representatives.
567 Modifications of this Part in relation to shared ownership leases.
(1) If it appears to a local housing authority that the interest of a person eligible for assistance in respect of a defective dwelling in their area is—
(a) a shared ownership lease, or
(b) the freehold acquired under the terms of a shared ownership lease,
the authority shall prepare and submit to the Secretary of State a scheme providing for the provisions of this Part to have effect, in their application to such a case, subject to such modifications as may be specified in the scheme.
(2) A scheme under subsection (1) above shall not have effect unless approved by the Secretary of State; and any such approval may be made conditional upon compliance with requirements specified by him.
(4) In this section “shared ownership lease” means—
(a) a shared ownership lease granted in pursuance of Part V (the right to buy),
(b) a lease of a dwelling-house granted otherwise than in pursuance of that Part which contains provision to the like effect as that required by paragraphs 1 and 2 of Schedule 8 (terms of shared ownership lease: right to acquired additional shares and to acquire freehold),
(c) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . or
(d) a lease determined, or of a class or description determined, by the Secretary of State to be a shared ownership lease.
(5) The fact that a lease becomes a shared ownership lease by virtue of . . . a determination under subsection (4)(d) does not affect the operation of the provisions of this Part in relation to a case where an application for assistance under this Part has previously been made.
(6) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(1) The Secretary of State may by regulations make provision for conferring rights and obligations on a mortgagee of a defective dwelling where—
(a) a power of sale (whether conferred by section 101 of the Law of Property Act 1925 or otherwise) is exercisable by the mortgagee, and
(b) the mortgagor is eligible for assistance in respect of the defective dwelling.
(2) The rights that may be so conferred are—
(a) rights corresponding to those conferred by this Part on a person holding a relevant interest in the defective dwelling,
(b) the right to require the purchasing authority to acquire in accordance with the regulations any interest in the defective dwelling to be disposed of in exercise of the power of sale, and
(c) where the mortgagee is the purchasing authority, the right by deed to vest the dwelling in themselves;
and those rights may be conferred in place of rights conferred by this Part on any other person.
(3) The regulations may provide that where the conditions in subsection (1)(a) and (b) are or have been satisfied, this Part, the power of sale in question and any enactment relating to the power of sale shall have effect subject to such modifications as may be specified in the regulations.
(4) Where a defective dwelling is vested in a mortgagee in pursuance of—
(a) regulations under this section, or
(b) section 452 and Schedule 17 (vesting of dwelling-house in authority entitled to exercise power of sale),
the regulations may provide for the payment in respect of the vesting of an amount calculated on the assumption that none of the defective dwellings to which the designation in question relates is affected by the qualifying defect; and those enactments shall have effect subject to any such provisions.
(5) Regulations under this section—
(a) may make different provision for different cases and may make incidental and consequential provision; and
(b) shall be made by statutory instrument which shall be subject to annulment in pursuance of a resolution of either House of Parliament.
(6) In this section “mortgagee” and “mortgagor” have the same meaning as in the Law of Property Act 1925.
(1) The Secretary of State may, if he thinks fit in any case, contribute towards the expense incurred by a local housing authority—
(a) in giving assistance by way of reinstatement grant,
(b) in giving assistance by way of repurchase of a dwelling which is a defective dwelling by virtue of a designation under section 528 (designation by Secretary of State), or
(c) in making payments under section 549 (making up of consideration on disposal in pursuance of right of pre-emption, &c.) or section 550 (making up of compulsory purchase compensation).
(2) The contributions shall be equal to the relevant percentage of the amount of the expense incurred
(3) The relevant percentage is—
(a) 90 per cent. in the case of reinstatement grant.
(b) 75 per cent. in the case of repurchase or a payment under section 549 or 550 where there has at any time been a disposal of a relevant interest in the defective dwelling by the local housing authority or a predecessor of that authority, and
(c) 100 per cent. in the case of repurchase or a payment under those sections not within paragraph (b);
or such other percentage as, in any of those cases, may be provided by order under section 570.
(4) The amount of expense incurred is—
(a) in the case of reinstatement grant, the amount of the grant,
(b) in the case of repurchase, the price paid for the acquisition, together with any amount reimbursed under section 552 (incidental expenses), less the value of the interest at the relevant time determined in accordance with paragraph 8 of Schedule 20 (value for purposes of repurchase) but without the assumption required by paragraph 8(1)(a) (assumption that dwelling is defect free),
(c) in the case of a payment under section 549 or 550, the amount of the payment.
(5) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(6) Payment of contributions under this section is subject to the making of a claim in such form, and containing such particulars, as the Secretary of State may determine; and the contributions are payable at such times, in such manner and subject to such conditions, as to records, certificates, audit or otherwise, as the Secretary of State may, with the agreement of the Treasury, determine.
(1) The Secretary of State may by order made with the consent of the Treasury vary all or any of the percentages specified in section 569(3) (relevant percentages for purposes of contribution to expenditure of local housing authority) in respect of assistance or payments, or a class of assistance or payments, specified in the order.
(2) An order—
(a) may make different provision for assistance given or payments made in respect of defective dwellings in different areas or under different provisions or for different purposes of the same provision;
(b) shall be made by statutory instrument; and
(c) shall not be made unless a draft of it has been laid before and approved by a resolution of the House of Commons.
(3) An order applies to assistance given or payments made in pursuance of applications made after such date as may be specified in the order, and the specified date shall not be earlier than the date of the laying of the draft.
(1) A notice or other document under this Part may be given to or served on a person, and an application or written request under this Part may be made to a person—
(a) by delivering it to him or leaving it at his proper address, or
(b) by sending it to him by post,
and also, where the person concerned is a body corporate, by giving or making it to or serving it on the secretary of that body.
(2) For the purposes of this section, and of section 7 of the Interpretation Act 1978 as it applies for the purposes of this section, the proper address of a person is—
(a) in the case of a body corporate or its secretary, the address of the principal office of the body,
(b) in any other case, his last known address,
and also, where an additional address for service has been specified by that person in a notice under section 548(2) (notice of intention to assume responsibility for repurchase), that address.
(1) The county court has jurisdiction—
(a) to determine any question arising under this Part notwithstanding that a declaration is the only relief sought, and
(b) to entertain any proceedings brought in connection with the performance or discharge of obligations arising under this Part, including proceedings for the recovery of damages in the event of the obligations not being performed.
(2) Subsection (1) has effect subject to—
sections 528(6) and 559(6) (questions of designation to be decided by designating authority), and
section 551(3) and paragraph 9 of Schedule 20 (questions of valuation to be determined by district valuer).
(3) Where an authority fail to extend or further extend a period when required to do so by—
(a) section 542(3) (reinstatement grant: period within which work is to be completed), or
(b) paragraph 2(2) or 6(2) of Schedule 20 (repurchase: period for service of request or notice by person entitled to assistance),
the county court may by order extend or futher extend that period until such date as may be specified in the order.
(4) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(5) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(6) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(1) In this Part “public sector authority” means—
a local authority (or a predecessor of a local authority),
a joint board of which every constituent member is, or is appointed by, a local authority (or a predecessor of a local authority),
a National Park authority (or a predecessor of such an authority),
. . .
. . .
a Welsh planning board,
the Natural Resources Body for Wales,
the National Rivers Authority
the Relevant Authority,
a non-profit registered provider of social housing other than a co-operative housing association (or a predecessor housing association of such a provider),
a registered social landlord other than a co-operative housing association (or a predecessor housing association of such a landlord),
a new town corporation,
. . .
the British Coal Corporation , the Coal Authority, or
the United Kingdom Atomic Energy Authority,
or a body corporate or housing association specified by order of the Secretary of State in accordance with the following provisions.
(1A) For the purposes of subsection (1), “a Welsh planning board” means a board constituted under—
(a) section 2(1B) of the Town and Country Planning Act 1990; . . .
(b) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(2) The Secretary of State may provide that a body corporate shall be treated as a public sector authority if he is satisfied—
(a) that the affairs of the body are managed by its members, and
(b) that its members hold office by virtue of appointment (to that or another office) by a Minister of the Crown under an enactment,
or if he is satisfied that it is a subsidiary of such a body.
(3) The Secretary of State may provide that a housing association shall be treated as a public sector authority if he is satisfied that the objects or powers of the association include the provision of housing accommodation for individuals employed at any time by a public sector authority or dependants of such individuals.
(4) Where the Secretary of State is satisfied that a body or association met the requirements of subsection (2) or (3) during any period, he may, whether or not he makes an order in respect of the body or association under that subsection, provide that is shall be treated as having been a public sector authority during that period.
(5) If the Secretary of State is satisfied that a body or association specified in an order under subsection (2) or (3) has ceased to meet the requirements of that subsection on any date, he may by order provide that it shall be treated as having ceased to be a public sector authority on that date.
(6) An order under this section shall be made by statutory instrument.
574 Disposal of certain Crown interests in land treated as disposal by public sector authority.
References in this Part to a disposal of an interest in a dwelling by a public sector authority include a disposal of—
(a) an interest belonging to Her Majesty in right of the Crown,
(b) an interest belonging to, or held in trust for Her Majesty for the purposes of, a government department or Minister of the Crown, or
(c) an interest belonging to Her Majesty in right of the Duchy of Lancaster or belonging to the Duchy of Cornwall.
(1) In this Part “dwelling” means any house, flat or other unit designed or adapted for living in.
(2) For the purposes of this Part a building so designed or adapted is a “house” if it is a structure reasonably so called; so that where a building is divided into units so designed or adapted—
(a) if it is so divided horizontally, or a material part of a unit lies above or below another unit, the units are not houses (though the building as a whole may be), and
(b) if it is so divided vertically, the units may be houses.
(3) Where a house which is divided into flsts or other units is a defective dwelling in respect of which a person is eligible for assistance, the fact that it is so divided shall be disregarded for the purposes of section 538(1)(a) (first condition for assistance by way of reinstatement: that the dwelling is a house).
The following Table shows provisions defining or otherwise explaining expressions used in this Part (other than provisions defining or explaining an expressions used in the same section or paragraph:—
the agreement (in Part III of Schedule 20) | paragraph 11(1) of Schedule 20
appropriate percentage (in relation to reinstatement grant) | section 543(2)
associated arrangement | section 539(2)
assured agricultural occupancy | section 622
assured tenancy | section 622
the authority (in Part III of Schedule 20) | paragraph 11(1) of Schedule 20
bank | section 622
building society | section 622
charge (in Part III of Schedule 20) | paragraph 11(2)(a) of Schedule 20
contract-holder | section 558
the conveyance (in Part III of Schedule 20) | paragraph 11(1) of Schedule 20
co-operative housing association | section 5(2)
. . . | . . .
cut-off date | sections 528(2)(b) and 559(3)(b)
defective dwelling | sections 528(2) and 559(3)
development corporation | section 4(c)
disposal | section 532(1)
disposal for value | section 532(3)
district (of a local housing authority) | section 2(1)
district valuer | section 622
dwelling | section 575(1)
dwelling-house (in sections 553 to 557) | section 558(a)
eligible for assistance | sections 527 and 533
house | section 575(2)
housing association | section 5(1)
insurance company | section 622
the interest acquired (in Part III of Schedule 20) | paragraph 11(1) of Schedule 20
interest in a dwelling | section 530(4)
interest to be acquired (in relation to repurchase) | paragraph 1 of Schedule 20
lending institution | section 576
local authority | section 4(e)
local housing authority | section 1, 2(2)
new town corporation | section 4(b)
new towns residuary body | section 4(1)(g)
notice of determination | section 540(1)
occupation contract | section 558
occupier (in sections 553 to 557 | section 558(b)
person entitled to assistance (by way of reinstatement grant or repurchase) | section 540(5)
previous disposal | section 532(4)
protected tenancy | section 622
public sector authority | section 573 (and see section 574)
the purchase price (in Part III of Schedule 20) | paragraph 11(1) of Schedule 20
purchasing authority | section 548(3)
qualifying defect | sections 528(2)(a) and 559(3)(a)
qualifying work | section 541(2)
registered social landlord | section 5(4) and (5)
reinstatement grant | section 541(1)
the Relevant Authority | section 6A
relevant charge (in Part III of Schedule 20) | paragraph 7(2) of Schedule 20
relevant interest | section 530(1)
the relevant time (in relation to valuation for repurchase) | paragraph 7(2) of Schedule 20
repurchase | section 547
secure contract | section 558
secure tenancy | section 79 (and see section 558(c))
statutory tenancy and statutory tenant | section 622
subsidiary | section 622
time of disposal | section 532(2)
trustee savings bank | section 622
the vendor (in Part III of Schedule 20) | paragraph 11(1) of Schedule 20
work required to reinstate a defective dwelling | section 539(1)
578 General enactments relating to compulsory purchase, &c., apply subject to this Part.
The Acquisition of Land Act 1981, the Compulsory Purchase Act 1965 and the Land Compensation Act 1961 apply to the compulsory purchase of land under this Act subject to the following provisions of this Part.
578A Modification of compulsory purchase order in case of acquisition of land for clearance.
(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 sections 13 to 13C 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.
582 Restriction on recovery of possession after making of compulsory purchase order.
(1) This section applies where a local housing authority have made a compulsory purchase order authorising—
(a) the acquisition of a house in multiple occupation under—
section 17 (provision of housing),
. . .
section 300 (purchase of condemned house for temporary housing use), or
(b) the acquisition of land under section 93(2) of the Local Government and Housing Act 1989 (land in renewal area on which there are premises consisting of or including housing accommodation),
and within the period specified in subsection (2) proceedings for possession of premises forming part of the house or land in question are brought in the county court against a person who was the lessee of the premises when the order was made, or became the lessee after the order was made, but is no longer the lessee.
(2) The period referred to in subsection (1) is the period beginning with the making of the compulsory purchase order and ending with—
(a) the final day of the period of three years beginning with the date on which the order became operative, or
(b) any earlier date on which—
(i) the Secretary of State notifies the authority that the Secretary of State declines to confirm the order,
(ii) the order (having been confirmed conditionally) expires by virtue of section 13BA(2)(b) of the Acquisition of Land Act 1981, or
(iii) the order is quashed by a court.
(3) Where this section applies the court may suspend the execution of any order for possession for such period, and subject to such conditions, as it thinks fit.
(4) The period of suspension ordered by the court shall not extend beyond the end of the period of three years beginning with the date on which the court makes its order or, if earlier, the date on which the compulsory purchae order became operative.
(5) The court may from time to time vary the period of suspension (but not so as to enlarge it beyond the end of the period of three years referred to in subsection (4)), or terminate it, or vary the terms of the order in other respects.
(6) If at any time—
(aa) the Secretary of State notifies the authority that the Secretary of State declines to confirm the compulsory purchase order,
(ab) the order (having been confirmed conditionally) expires by virtue of section 13BA(2)(b) of the Acquisition of Land Act 1981,
(ac) the order is quashed by a court, or
(b) the authority decide, whether before or after the order has been submitted to the Secretary of State for confirmation, not to proceed with it,
the authority shall notify the person entitled to the benefit of the order for possession and that person shall be entitled, on applying to the court, to obtain an order terminating the period of suspension, but subject to the exercise of the same discretion in fixing the date on which possession is to be given as the court might exercise if it were then making an order for possession for the first time.
(6A) If the compulsory purchase order specifies a period longer than three years under section 13D of the Acquisition of Land Act 1981, the references in this section to the period of three years are to be read as references to the period specified in the order.
(7) This section does not apply—
(a) where the person entitled to possession of the premises is the local housing authority;
(b) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(8) In this section “house in multiple occupation” has the meaning given by sections 254 to 259 of the Housing Act 2004 for the purposes of that Act (other than Part 1).
583 Continuance of tenancies of housees compulsorily acquired and to be used for housing purposes.
(1) Where a local housing authority—
(a) are authorised to purchase compulsorily a house which is to be used for housing purposes, and
(b) have acquired the right to enter on and take possession of the house by virtue of having served a notice under section 11 of the Compulsory Purchase Act 1965,
they may, instead of exercising that right by taking actual possession of the house, proceed by serving notice on any person then in occupation of the house, or part of it, authorising him to continue in occupation upon terms specified in the notice or on such other terms as may be agreed.
(2) Where the authority proceed in accordance with subsection(1)—
(a) the like consequences follow with respect to the determination of the rights and liabilities of any person arising out of any interest of his in the house, or a part of it, and
(b) the authority may deal with the premises in all respects,
as if they had taken actual possession on the date of the notice.
(3) A person who by virtue of this section ceases to be entitled to receive rent in respect of the premises shall be deemed for the purposes of section 20 of the Compulsory Purchase Act 1965 (compensation of tenants, &c.) to have been required to give up possession of the premises.
(4) In this section “house” includes—
(a) any part of a building which is occupied as a separate dwelling, and
(b) any yard, garden, outhouses and appurtenances belonging to the house or usually enjoyed with it.
584 Power to enter and determine short tenancies of land acquired or appropriated.
(1) This section applies where a local housing authority have agreed to purchase or have determined to appropriate land for the purposes of—
Part II (provision of housing),
Part VIII (area improvement), . . .
the provisions of Part IX relating to clearance areas or
Part VII of the Local Government and Housing Act 1989 (renewal areas),
subject to the interest of the person in possession of the land.
(2) If that person’s interest is not greater than that of a tenant for a year, or from year to year, the authority may, after giving him not less than 14 days’ notice, enter on and take possession of the land, or such part of the land as is specified in the notice, without previous consent.
(3) The power conferred by subsection (2) may be exercised at any time after the making of the agreement or determination, except where the appropriation requires Ministerial consent in which case the power is not exercisable until that consent has been given.
(4) The exercise of the local housing authority’s power under subsection (2) is subject to the payment to the person in possession of the like compensation, and interest on the compensation awarded, as would be payable if—
(a) the authority had been authorised to acquire the land compulsorily, and
(b) that person had been required in pursuance of their powers in that behalf to quit possession before the expiry of his term or interest in the land;
but without any necessity for compliance with section 11 of the Compulsory Purchase Act 1965 (which prohibits entry on the land acquired before the compensation has been ascertained and paid or secured).
584A Compensation payable in case of prohibition and demolition orders.
(1) Subject to subsection (3), where a relevant prohibition order becomes operative in respect of any premises or a demolition order under section 265 is made in respect of any premises, the local housing authority shall pay to every owner of the premises an amount determined in accordance with subsection (2).
(2) The amount referred to in subsection (1) is the diminution in the compulsory purchase value of the owner’s interest in the premises as a result of the coming into operation of the relevant prohibition order or, as the case may be, the making of the demolition order; and that amount—
(a) shall be determined as at the date of the coming into operation or making of the order in question; and
(b) shall be determined (in default of agreement) as if it were compensation payable in respect of the compulsory purchase of the interest in question and shall be dealt with accordingly.
(3) In any case where—
(a) a relevant prohibition order has been made in respect of any premises, and
(b) that order is revoked and a demolition order is made in its place,
the amount payable to the owner under subsection (1) in connection with the demolition order shall be reduced by the amount (if any) paid to the owner or a previous owner under that subsection in connection with the relevant prohibition order.
(4) For the purposes of this section—
“compulsory purchase value”, in relation to an owner’s interest in premises, means the compensation which would be payable in respect of the compulsory purchase of that interest if it fell to be assessed in accordance with the Land Compensation Act 1961;
“premises”, in relation to a demolition order, has the meaning given by section 322;
“premises”, in relation to a prohibition order, means premises which are specified premises in relation to the order within the meaning of Part 1 of the Housing Act 2004;
“relevant prohibition order” means a prohibition order under section 20 or 21 of the Housing Act 2004 which imposes in relation to the whole of any premises a prohibition on their use for all purposes other than any purpose approved by the authority.
584B Repayment on revocation of demolition or prohibition order.
(1) Where a payment in respect of any premises has been made by a local housing authority under section 584A(1) in connection with a demolition order or relevant prohibition order and—
(a) the demolition order is revoked under section 274 (revocation of demolition order to permit reconstruction of premises), or
(b) the relevant prohibition order is revoked under section 25(1) or (2) of the Housing Act 2004,
then, if at that time the person to whom the payment was made has the same interest in the premises as he had at the time the payment was made, he shall on demand repay to the authority the amount of the payment.
(2) In any case where—
(a) a payment in respect of any premises has been made by a local housing authority under section 584A(1) in connection with a relevant prohibition order, and
(b) by virtue of section 25(3) of the Housing Act 2004, the order is revoked as respects part of the premises and not varied, and
(c) the person to whom the payment was made (in this section referred to as “the recipient”) had at the time the payment was made, an owner’s interest in the part of the premises concerned (whether or not he had such an interest in the rest of the premises),
then, if at the time of the revocation of the relevant prohibition order the recipient has the same interest in the premises as he had at the time the payment was made, he shall on demand pay to the authority an amount determined in accordance with subsections (4), (5) and (6).
(3) In any case where—
(a) a payment in respect of any premises has been made by a local housing authority under section 584A(1) in connection with a relevant prohibition order, and
(b) by virtue of section 25(4) of the Housing Act 2004, the order is varied,
then, if at the time of the variation of the order the recipient has the same interest in the premises as he had at the time the payment was made, he shall on demand pay to the authority an amount determined in accordance with subsections (4), (5) and (6).
(4) The amount referred to in subsection (2) or (3) is whichever is the less of—
(a) the amount by which the value of the interest of the recipient in the premises increases as a result of the revocation or variation of the relevant prohibition order; and
(b) the amount paid to the recipient under section 584A(1) in respect of his interest in the premises;
and the amount referred to in paragraph (a) shall be determined as at the date of the revocation or variation of the relevant prohibition order.
(5) For the purpose of assessing the amount referred to in subsection (4)(a), the rules set out in section 5 of the Land Compensation Act 1961 shall, so far as applicable and subject to any necessary modifications, have effect as they have effect for the purpose of assessing compensation for the compulsory acquisition of an interest in land.
(6) Any dispute as to the amount referred to in subsection (4)(a) shall be referred to and determined by the Upper Tribunal; and subsections (1)(a), (4) and (5) of section 4 of the Land Compensation Act 1961 shall, subject to any necessary modifications, apply for the purposes of this section as they apply for the purposes of that Act.
(7) In this section “premises” and “relevant prohibition order” have the same meaning as in section 584A.
596 Power to compensate shop-keepers in areas affected by clearance.
Where, as a result of action taken by a local housing authority under the provisions of Part IX relating to clearance areas, the population of the locality is materially decreased, the authority may pay to any person carrying on a retail shop in the locality such reasonable allowance as they think fit towards any loss involving personal hardship which in their opinion he will thereby sustain, but in estimating any such loss they shall have regard to the probable future development of the locality.
597 Compensation payable on demolition of obstructive building.
(1) Where a building is demolished under section 287 (execution of obstructive building order), whether by the owner or by the local housing authority, compensation shall be paid by the authority to the owner in respect of loss arising from the demolition.
(2) The compensation shall be assessed in accordance with Part I of the Land Compensation Act 1961 (determination of questions of disputed compensation).
(3) In assessing the compensation no allowance shall be made on account of the demolition being compulsory.
599 Application of compensation due to another local authority.
Compensation payable in respect of land of another local authority in pursuance of a compulsory purchase under—
section 17 (provision of housing),
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . ,
section 290 (acquisition of land for clearance), or
section 300 (purchase of condemned house for temporary housing use)
which would otherwise be paid into court in accordance with Schedule 1 to the Compulsory Purchase Act 1965 (purchase from persons not having power to dispose) may, if the Secretary of State consents, instead be paid and applied as he may determine.
(1) A person authorised by the local housing authority or the Secretary of State may at any reasonable time, on giving seven days notice of his intention to the occupier, and to the owner if the owner is known, enter premises for the purpose of survey and examination where it appears to the authority or the Secretary of State that survey or examination is necessary in order to determine whether any powers under this Part should be exercised in respect of the premises.
(2) An authorisation for the purposes of this section shall be in writing stating the particular purpose or purposes for which the entry is authorised and shall, if so required, be produced for inspection by the occupier or anyone acting on his behalf.
(1) It is a summary offence intentionally to obstruct an officer of the local housing authority or of the Secretary of State, or any person authorised to enter premises in pursuance of this Part, in the performance of anything which he is by this Part required or authorised to do.
(2) A person committing such an offence is liable on conviction to a fine not exceeding level 3 on the standard scale.
In this Part—
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
“owner” in relation to premises—
(a) means a person (other than a mortgagee not in possession) who is for the time being entitled to dispose of the fee simple in the premises, whether in possession or in reversion, and
(b) includes also a person holding or entitled to the rents and profits of the premises or part of the premises under a lease of which the unexpired term exceeds three years.
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).
604A Authority to consider guidance given by Secretary of State in deciding whether to take action under Section 189, Section 264, Section 265 or Section 289.
607 Local housing authority to have regard to environmental considerations.
A local housing authority in preparing any proposals for the provision of housing accommodation, or in taking any action under this Act, shall have regard to—
(a) the beauty of the landscape or countryside,
(b) the other amenities of the locality, and
(c) the desirability of preserving existing works of architectural, historic or artistic interest;
and they shall comply with such directions in that behalf as may be given to them by the Secretary of State.
Land which is the site of an ancient monument or other object of archaeological interest—
(a) may not be acquired for the purposes of . . . Part IX (slum clearance), and
(b) may be acquired for the purposes of Part II (provision of housing) only by compulsory purchase order.