Schedule 15 to the 1987 Act (the housing revenue account) shall have effect, and be deemed always to have had effect, as if after paragraph 4 there were inserted the following paragraph—
Provision of welfare services
4A Where in any year a local authority provide welfare services under section 5A, they may—
(a) carry to the credit of the housing revenue account an amount equal to the whole or any part of the income of the authority for the year from charges in respect of the provision of those services;
(b) carry to the debit of the account an amount equal to the whole or any part of the expenditure of the authority for the year in respect of the provision of those services.
151 Power to repeal provisions relating to housing welfare services.
After section 5A of the 1987 Act there shall be inserted the following section—
Power to repeal provisions relating to welfare services.
5B (1) The Secretary of State may at any time by order made by statutory instrument provide that, on such day or in relation to such periods as may be appointed by the order, section 5A, this section and paragraph 4A of Schedule 15 shall—
(a) cease to have effect; or
(b) cease to apply for such purposes as may be specified in the order.
(2) An order under this section may—
(a) appoint different days or periods for different provisions or purposes or for different authorities or descriptions of authority; and
(b) contain such incidental, supplementary or transitional provisions as appear to the Secretary of State to be necessary or expedient.
153 Standards and performance in housing management.
After section 17 of the 1987 Act there shall be inserted the following sections—
Standards and performance in housing management
Publication of information.
17A (1) A local authority shall, in relation to their management of the houses which they hold for housing purposes, publish each year such information as—
(a) may be prescribed by the Secretary of State about—
(i) the standard of service of management which the authority undertake to provide;
(ii) the authority’s performance in the past in the achievement of that standard;
(iii) the authority’s intentions for the future in relation to the achievement of that standard;
(iv) any other matter which he thinks should be included in the information to be published;
(b) the authority consider it appropriate to publish in relation to the matters mentioned in paragraph (a) above, either as a result of having consulted tenants or otherwise;
(c) the authority consider it appropriate to publish in relation to any other matter, either as a result of consulting tenants or otherwise.
(2) Before publishing such information, a local authority shall consult their tenants as to the information to be published under subsection (1) and shall take account of the characteristics of the different parts of their districts or areas and of the difference in information which may be appropriate in relation to these parts.
(3) The Secretary of State may direct a local authority to consult tenants or groups of tenants representing less than the whole of their district or area.
Power of Secretary of State to direct local authority.
17B At the same time as the information is published, the local authority shall send a copy of the document in which it is published to the Secretary of State who may, if he considers that the publication is unsatisfactory, direct the local authority to publish the information in such manner as he specifies in the direction.
Management plan.
17C A local authority shall, if the Secretary of State gives them notice to do so, prepare and submit to him within 3 months after such notice, a plan for the management of the houses which they hold for housing purposes.
154 Further provision as to allocation of housing.
In section 20 of the 1987 Act (persons to have priority on housing list and allocation of housing) at the end there shall be added the following subsection—
(3) A member of a local authority shall be excluded from a decision on the allocation of local authority housing, or of housing in respect of which the local authority may nominate the tenant, where—
(a) the house in question is situated; or
(b) the applicant for the house in question resides,
in the electoral division or ward for which that member is elected.
(1) For subsection (1) of section 21 of the 1987 Act (publication of rules relating to the housing list) there shall be substituted the following subsection—
(1) It shall be the duty—
(a) of every local authority to make and to publish in accordance with subsection (4), and again within 6 months of any alteration thereof, rules governing—
(i) the admission of applicants to any housing list;
(ii) the priority of allocation of houses;
(iii) the transfer of tenants from houses owned by the landlord to houses owned by other bodies;
(iv) exchanges of houses;
(b) of Scottish Homes and development corporations (including urban development corporations) to publish in accordance with subsection (4), and again within 6 months of any alteration thereof, any rules they may have governing the matters set out in sub-paragraphs (i) to (iv) of paragraph (a) above.
(2) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
156 Defective dwellings: damages for landlord’s failure to notify.
After subsection (3) of section 299 of the 1987 Act (jurisdiction of sheriff) there shall be added the following subsections—
(4) Where damages are awarded in proceedings commenced before 1st December 1994 which arise out of a failure on the part of the public sector authority to give a person acquiring a relevant interest in a dwelling notice in writing under section 291, the amount of damages for the purposes of this subsection shall be equal to the difference between—
(a) the market value of the dwelling assessed as if it were not a defective dwelling and were available for sale on the open market with vacant possession; and
(b) the market value of the dwelling assessed as a defective dwelling and as if available for sale on the open market with vacant possession.
(5) Subsection (4) applies in relation to proceedings which arise out of a failure by the authority before the coming into force of section 156 of the Leasehold Reform, Housing and Urban Development Act 1993 as it does to proceedings which arise out of a failure by the authority after that date.
(1) In section 17 of the 1987 Act (management of local authority houses), in subsection (1), the words “and exercised by” shall cease to have effect.
(2) In section 61 of that Act (secure tenant’s right to purchase), in subsection (10), subparagraphs (i) and (ii) of paragraph (b) shall cease to have effect.
(3) In section 62 of that Act (price)—
(a) in subsection (3)(b), the words “continuous” and “immediately” shall cease to have effect;
(b) after subsection (3) there shall be inserted—
(3A) There shall be deducted from the discount an amount equal to any previous discount, or the aggregate of any previous discounts, received by the appropriate person on any previous purchase of a house by any of these persons from a landlord who is a person specified in subsection (11) of section 61 or prescribed in an order made under that subsection, reduced by any amount of such previous discount recovered by such a landlord.
;
(c) in subsection (4)—
(i) for paragraph (a) there shall be substituted—
(a) the “appropriate person” is whoever of—
(i) the tenant; or
(ii) the tenant’s spouse if living with him at the date of service of the application to purchase; or
(iii) a deceased spouse if living with the tenant at the time of death; or
(iv) any joint tenant who is a joint purchaser of the house,
has the longer or longest such occupation;
and
(ii) at the end there shall be inserted— “ and, for the purposes of subsection (3A), the “appropriate person” is any of the persons mentioned in sub-paragraphs (i) to (iv) of paragraph (a). ”
(4) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
176 Power to direct disposal of unused etc. land held by public bodies.
(1) In subsection (1) of section 98 (disposal of land by public bodies at direction of Secretary of State) of the Local Government, Planning and Land Act 1980 (“the 1980 Act”)—
(a) in paragraph (a), for the words “is for the time being entered on a register maintained by him under section 95 above” there shall be substituted the words “ for the time being satisfies the conditions specified in section 95(2) above ”; and
(b) in paragraph (b), for the words “is for the time being entered on such a register” there shall be substituted the words “ for the time being satisfies those conditions ”.
(2) In section 99A of that Act (powers of entry), subsection (2) (which precludes entry on land which is not for the time being entered on a register maintained under section 95) shall cease to have effect.
For section 157 of the 1980 Act (highways) there shall be substituted the following sections—
Private streets
Adoption of private streets.
157 (1) Where any street works have been executed on any land in an urban development area which was then or has since become a private street (or part of a private street), the urban development corporation may serve a notice (an “adoption notice”) on the street works authority requiring the authority to declare the street (or part) to be a highway which for the purposes of the Highways Act 1980 is a highway maintainable at the public expense.
(2) Within the period of two months beginning with the date on which the adoption notice was served, the street works authority may appeal against the notice to the Secretary of State.
(3) After considering any representations made to him by the corporation and the street works authority, the Secretary of State shall determine an appeal under subsection (2) above by setting aside or confirming the adoption notice (with or without modifications).
(4) Where, under subsection (3) above, the Secretary of State confirms the adoption notice—
(a) he may at the same time impose conditions (including financial conditions) upon the corporation with which it must comply in order for the notice to take effect; and
(b) with effect from such date as the Secretary of State may specify, the street (or part) shall become a highway which for the purposes of the Highways Act 1980 is a highway maintainable at the public expense.
(5) Where a street works authority neither complies with the adoption notice, nor appeals under subsection (2) above, the street (or part) shall become, upon the expiry of the period of two months referred to in subsection (2) above, a highway which for the purposes of the Highways Act 1980 is a highway maintainable at the public expense.
(6) In this section—
“highway” has the same meaning as in the Highways Act 1980;
“private street”, “street works” and “street works authority” have the same meanings as in Part XI of that Act.
(7) This section does not extend to Scotland.
Connection of private streets to highway.
157A (1) An urban development corporation may serve a notice (a “connection notice”) on the local highway authority requiring the authority to connect a private street in the urban development area to an existing highway (whether or not it is a highway which for the purposes of the Highways Act 1980 is a highway maintainable at the public expense).
(2) A connection notice must specify—
(a) the private street and the existing highway;
(b) the works which appear to the corporation to be necessary to make the connection; and
(c) the period within which those works should be carried out.
(3) Before serving a connection notice an urban development corporation shall consult the local highway authority about the proposed contents of the notice.
(4) Within the period of two months beginning with the date on which the connection notice was served, the local highway authority may appeal against the notice to the Secretary of State.
(5) After considering any representations made to him by the corporation and the local highway authority, the Secretary of State shall determine an appeal under subsection (4) above by setting aside or confirming the connection notice (with or without modifications).
(6) A connection notice becomes effective—
(a) where no appeal is made within the period of two months referred to in subsection (4) above, upon the expiry of that period;
(b) where an appeal is made within that period but is withdrawn before it has been determined by the Secretary of State, on the date following the expiry of the period of 21 days beginning with the date on which the Secretary of State is notified of the withdrawal;
(c) where an appeal is made and the connection notice is confirmed by a determination under subsection (5) above, on such date as the Secretary of State may specify in the determination.
(7) Where a connection notice becomes effective, the local highway authority shall carry out the works specified in the notice within such period as may be so specified and may recover from the corporation the expenses reasonably incurred by them in doing so.
(8) If the local highway authority do not carry out the works specified in the notice within such period as may be so specified, the corporation may themselves carry out or complete those works or arrange for another person to do so.
(9) In this section—
“highway” and “local highway authority” have the same meanings as in the Highways Act 1980;
“private street” has the same meaning as in Part XI of that Act.
(10) This section does not extend to Scotland.
Traffic regulation orders for private streets.
157B (1) Where—
(a) an urban development corporation submits to the Secretary of State that an order under this section should be made in relation to any road in the urban development area which is a private street; and
(b) it appears to the Secretary of State that the traffic authority do not intend to make an order under section 1 or, as the case may be, section 6 of the Road Traffic Regulation Act 1984 (orders concerning traffic regulation) in relation to the road,
the Secretary of State may by order under this section make in relation to the road any such provision as he might have made by order under that section if he had been the traffic authority.
(2) The Road Traffic Regulation Act 1984 applies to an order under this section as it applies to an order made by the Secretary of State under section 1 or, as the case may be, section 6 of that Act in relation to a road for which he is the traffic authority.
(3) In this section—
“private street” has the same meaning as in Part XI of the Highways Act 1980;
“road” and “traffic authority” have the same meanings as in the Road Traffic Regulation Act 1984.
(4) This section does not extend to Scotland.
(1) After subsection (3) of section 134 (urban development areas) of the 1980 Act there shall be inserted the following subsections—
(3A) The Secretary of State may by order alter the boundaries of any urban development area so as to exclude any area of land.
(3B) Before making an order under subsection (3A) above, the Secretary of State shall consult any local authority the whole or any part of whose area is included in the area of land to be excluded by the order.
(2) In subsection (4) of that section, for the words “this section” there shall be substituted the words “ subsection (1) above ”.
(3) After that subsection there shall be inserted the following subsection—
(5) The power to make an order under subsection (3A) above—
(a) shall be exercisable by statutory instrument subject to annulment in pursuance of a resolution of either House of Parliament; and
(b) shall include power to make such incidental, consequential, transitional or supplementary provision as the Secretary of State thinks fit.
(4) In section 135(2) of that Act (establishment of urban development corporations), for the words “section 134” there shall be substituted the words “ section 134(1) ”.
(5) In section 171 of that Act (interpretation of Part XVI: general), for the definition of “urban development area” there shall be substituted the following definition—
“urban development area” means so much of an area designated by an order under subsection (1) of section 134 above as is not excluded from it by an order under subsection (3A) of that section;
.
180 Transfers of property, rights and liabilities.
(1) In subsection (1) of section 165 of the 1980 Act (power to transfer undertaking of urban development corporation), after the words “local authority”, in both places where they occur, there shall be inserted the words “ or other body ”.
(2) Subsection (3) of that section (transfer of liabilities by order) shall cease to have effect; and after that section there shall be inserted the following section—
Transfer of property, rights and liabilities by order.
165A (1) Subject to this section, the Secretary of State may at any time by order transfer to himself, upon such terms as he thinks fit, any property, rights or liabilities which—
(a) are for the time being vested in an urban development corporation, and
(b) are not proposed to be transferred under an agreement made under section 165 above and approved by the Secretary of State with the Treasury’s concurrence.
(2) An order under this section may terminate—
(a) any appointment of the corporation under subsection (1) of section 177 of the Leasehold Reform, Housing and Urban Development Act 1993 (power of corporations to act as agents of the Urban Regeneration Agency); and
(b) any arrangements made by the corporation under subsection (2) of that section.
(3) Before making an order under this section, the Secretary of State shall consult each local authority in whose area all or part of the urban development area is situated.
(4) An order under this section shall be made by statutory instrument which shall be subject to annulment in pursuance of a resolution of either House of Parliament.
(3) In subsection (9) of that section—
(a) after the words “this section” there shall be inserted the words “ and sections 165A and 166 below ”;
(b) for the words “the section”, in both places where they occur, there shall be substituted the words “ the sections ”.
(4) For subsection (1) of section 166 of that Act (dissolution of urban development corporations) there shall be substituted the following subsection—
(1) Where all property, rights and liabilities of an urban development corporation have been transferred under or by one or more relevant instruments, the Secretary of State may make an order by statutory instrument under this section.
(5) For subsection (5) of that section there shall be substituted the following subsection—
(5) In this section “relevant instrument” means an agreement made under section 165 above or an order made under section 165A above.
182 Powers of housing action trusts with respect to private streets.
(1) In subsection (1) of section 69 of the Housing Act 1988 (powers of housing action trusts with respect to private streets), for the words “in a private street (or part of a private street) in a designated area” there shall be substituted the words “ on any land in a designated area which was then or has since become a private street (or part of a private street) ”.
(2) In subsection (2) of that section, the words from “on grounds” onwards shall be omitted.
(1) There shall be paid out of money provided by Parliament—
(a) any expenses of the Secretary of State incurred in consequence of this Act; and
(b) any increase attributable to this Act in the sums payable out of money so provided under any other enactment.
(2) There shall be paid into the Consolidated Fund any increase attributable to this Act in the sums payable into that Fund under any other enactment.
(1) The enactments mentioned in Schedule 21 to this Act shall have effect subject to the amendments there specified (being minor amendments and amendments consequential on the provisions of this Act).
(2) The enactments mentioned in Schedule 22 to this Act (which include some that are spent or no longer of practical utility) are hereby repealed to the extent specified in the third column of that Schedule.
(1) This Act may be cited as the Leasehold Reform, Housing and Urban Development Act 1993.
(2) This Act, except—
(a) this section;
(b) sections 126 and 127, 135 to 140, 149 to 151, 181(1), (2) and (4) and 186; and
(c) the repeal in section 80(1) of the Local Government and Housing Act 1989,
shall come into force on such day as the Secretary of State may by order made by statutory instrument appoint; and different days may be so appointed for different provisions or for different purposes.
(3) An order under subsection (2) may contain such transitional provisions and savings (whether or not involving the modification of any statutory provision) as appear to the Secretary of State necessary or expedient in connection with the provisions thereby brought into force by the order.
(4) The following, namely—
(a) Part I of this Act;
(b) Chapter I of Part II of this Act; and
(c) subject to subsection (6), Part III of this Act,
extend to England and Wales only.
(5) Chapter II of Part II of this Act extends to Scotland only.
(6) In Part III of this Act—
(a) sections [174], 179 and 180 also extend to Scotland; ...
(b) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(7) This Part, except this section, paragraph 3 of Schedule 21 and the repeals in the House of Commons Disqualification Act 1975 and the Northern Ireland Assembly Disqualification Act 1975, does not extend to Northern Ireland.
SCHEDULE 1 CONDUCT OF PROCEEDINGS BY THE REVERSIONER ON BEHALF OF OTHER LANDLORDS
Section 9.
Part I THE REVERSIONER
Freeholder to be reversioner
1 Subject to paragraphs 2 to 4, in a case to which section 9(2) applies, the reversioner in respect of any premises is the person who owns the freehold of those premises.
Replacement of freeholder by other relevant landlord
2 The court may, on the application of all the relevant landlords of any premises, appoint to be the reversioner in respect of those premises (in place of the person designated by paragraph 1) such person as may have been determined by agreement between them.
3 If it appears to the court, on the application of a relevant landlord of any premises—
(a) that the respective interests of the relevant landlords of those premises, the absence or incapacity of the person referred to in paragraph 1 or other special circumstances require that some person other than the person there referred to should act as the reversioner in respect of the premises, or
(b) that the person referred to in that paragraph is unwilling to act as the reversioner,
the court may appoint to be the reversioner in respect of those premises (in place of the person designated by paragraph 1) such person as it thinks fit.
4 The court may also, on the application of any of the relevant landlords or of the nominee purchaser, remove the reversioner in respect of any premises and appoint another person in his place, if it appears to the court proper to do so by reason of any delay or default, actual or apprehended, on the part of the reversioner.
5 A person appointed by the court under any of paragraphs 2 to 4—
(a) must be a relevant landlord; but
(b) may be so appointed on such terms and conditions as the court thinks fit.
Part IA The reversioner: premises with multiple freeholders
Initial reversioner
5A Subject to paragraphs 5B to 5D, in a case to which section 9(2A) applies, the reversioner in respect of any premises is the person specified in the initial notice in accordance with section 13(2A) as the recipient.
Change of reversioner
5B The court may, on the application of all the relevant landlords of any premises, appoint to be the reversioner in respect of those premises (in place of the person designated by paragraph 5A) such person as may have been determined by agreement between them.
5C If it appears to the court, on the application of a relevant landlord of any premises—
(a) that the respective interests of the relevant landlords of those premises, the absence or incapacity of the person referred to in paragraph 5A or other special circumstances require that some person other than the person there referred to should act as the reversioner in respect of the premises, or
(b) that the person referred to in that paragraph is unwilling to act as the reversioner,
the court may appoint to be the reversioner in respect of those premises (in place of the person designated by paragraph 5A) such person as it thinks fit.
5D The court may also, on the application of any of the relevant landlords or of the nominee purchaser, remove the reversioner in respect of any premises and appoint another person in his place, if it appears to the court proper to do so by reason of any delay or default, actual or apprehended, on the part of the reversioner.
5E A person appointed by the court under any of paragraphs 5B to 5D—
(a) must be a relevant landlord; but
(b) may be so appointed on such terms and conditions as the court thinks fit.
Part II CONDUCT OF PROCEEDINGS ON BEHALF OF OTHER LANDLORDS
Acts of reversioner binding on other landlords
6 (1) Without prejudice to the generality of section 9(3)—
(a) any notice given by or to the reversioner under this Chapter or section 74(3) following the giving of the initial notice shall be given or received by him on behalf of all the relevant landlords; and
(b) the reversioner may on behalf and in the name of all or (as the case may be) any of those landlords—
(i) deduce, evidence or verify the title to any property;
(ii) negotiate and agree with the nominee purchaser the terms of acquisition;
(iii) execute any conveyance for the purpose of transferring any interest to the nominee purchaser;
(iv) receive the price payable for the acquisition of any interest;
(v) take or defend any legal proceedings under this Chapter in respect of matters arising out of the initial notice.
(2) Subject to paragraph 7—
(a) the reversioner’s acts in relation to matters within the authority conferred on him by section 9(3), and
(b) any determination of the court or the appropriate tribunal under this Chapter in proceedings between the reversioner and the nominee purchaser,
shall be binding on the other relevant landlords and on their interests in the specified premises or any other property; but in the event of dispute the reversioner or any of the other relevant landlords may apply to the court for directions as to the manner in which the reversioner should act in the dispute.
(3) If any of the other relevant landlords cannot be found, or his identity cannot be ascertained, the reversioner shall apply to the court for directions and the court may make such order as it thinks proper with a view to giving effect to the rights of the participating tenants and protecting the interests of other persons, but subject to any such directions—
(a) the reversioner shall proceed as in other cases;
(b) any conveyance executed by the reversioner on behalf of that relevant landlord which identifies the interest to be conveyed shall have the same effect as if executed in his name; and
(c) any sum paid as the price for the acquisition of that relevant landlord’s interest, and any other sum payable to him by virtue of Schedule 6, shall be paid into court.
(4) The reversioner, if he acts in good faith and with reasonable care and diligence, shall not be liable to any of the other relevant landlords for any loss or damage caused by any act or omission in the exercise or intended exercise of the authority conferred on him by section 9(3).
Other landlords acting independently
7 (1) Notwithstanding anything in section 9(3) or paragraph 6, any of the other relevant landlords shall, at any time after the giving by the reversioner of a counter-notice under section 21 and on giving notice of his intention to do so to both the reversioner and the nominee purchaser, be entitled—
(a) to deal directly with the nominee purchaser in connection with any of the matters mentioned in sub-paragraphs (i) to (iii) of paragraph 6(1)(b) so far as relating to the acquisition of any interest of his;
(b) to be separately represented in any legal proceedings in which his title to any property comes in question, or in any legal proceedings relating to the terms of acquisition so far as relating to the acquisition of any interest of his.
(2) If the nominee purchaser so requires by notice given to the reversioner and any of the other relevant landlords, that landlord shall deal directly with the nominee purchaser for the purpose of deducing, evidencing or verifying the landlord’s title to any property.
(3) Any of the other relevant landlords may by notice given to the reversioner require him to apply to the appropriate tribunal for the determination by the tribunal of any of the terms of acquisition so far as relating to the acquisition of any interest of the landlord.
(4) Any of the other relevant landlords may also, on giving notice to the reversioner and the nominee purchaser, require that the price payable for the acquisition of his interest shall be paid by the nominee purchaser to him, or to a person authorised by him to receive it, instead of to the reversioner; but if, after being given proper notice of the time and method of completion with the nominee purchaser, either—
(a) he fails to notify the reversioner of the arrangements made with the nominee purchaser to receive payment, or
(b) having notified the reversioner of those arrangements, the arrangements are not duly implemented,
the reversioner shall be authorised to receive the payment for him, and the reversioner’s written receipt for the amount payable shall be a complete discharge to the nominee purchaser.
Obligations of other landlords to reversioner
8 (1) It shall be the duty of each of the other relevant landlords—
(a) (subject to paragraph 7) to give the reversioner all such information and assistance as he may reasonably require; and
(b) after being given proper notice of the time and method of completion with the nominee purchaser, to ensure that all deeds and other documents that ought on his part to be delivered to the nominee purchaser on completion are available for the purpose, including in the case of registered land the land certificate and any other documents necessary to perfect the nominee purchaser’s title;
and, if any of the other relevant landlords fails to comply with this sub-paragraph, that relevant landlord shall indemnify the reversioner against any liability incurred by the reversioner in consequence of the failure.
(2) Each of the other relevant landlords shall make such contribution as shall be just to the costs and expenses properly incurred by the reversioner in pursuance of section 9(3) which are not recoverable or not recovered from the nominee purchaser or any other person.
Applications made by other landlords under section 23(1)
9 The authority given to the reversioner by section 9(3) shall not extend to the bringing of proceedings under section 23(1) on behalf of any of the other relevant landlords, or preclude any of those landlords from bringing proceedings under that provision on his own behalf.