Leasehold Reform, Housing and Urban Development Act 1993 (c. 28)

(The document as of February, 2008)

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" 75A Duty of local authority landlord to provide information about right to buy

(1) A landlord which is one of those mentioned in section 61(2)(a)(i) or (ii) shall supply each of its secure tenants at least once every year with information about his right to purchase his house under this Part.

(2) The information supplied under subsection (1) shall be in such form as the landlord considers best suited to explain in simple terms and so far as it considers appropriate the right referred to in that subsection. "

Housing welfare services

149 Provision of housing welfare services

Part I of the 1987 Act shall have effect, and be deemed always to have had effect, as if after section 5 there were inserted the following section--

" 5A Power of local authority to provide welfare services

(1) A local authority may provide in connection with housing accommodation provided by them (whether or not under this Part) such welfare services, that is to say services for promoting the welfare of the persons for whom the accommodation is so provided, as accord with the needs of those persons.

(2) The local authority may make reasonable charges for welfare services provided by virtue of this section.

(3) Notwithstanding the provisions of section 203, a local authority may attribute the income from and the expenditure on the welfare services provided under subsection (1) to a revenue account other than their housing revenue account.

(4) In this section "welfare services" does not include the repair, maintenance, supervision or management of houses or other property.

(5) The powers conferred by this section shall not be regarded as restricting those conferred by section 83 of the Local Government (Scotland) Act 1973 (power to incur expenditure for purposes not otherwise authorised) and accordingly the reference in subsection (1) of that section to any other enactment shall not include a reference to this section. "

150 Accounting for housing welfare services

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--

" 5B Power to repeal provisions relating to welfare services

(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. "

Miscellaneous

152 Management agreements with housing co-operatives

After section 22 of the 1987 Act there shall be inserted the following section--

" 22A Management agreements with housing co-operatives

(1) In this section "housing co-operative" has the meaning given in subsection (1) of section 22 except that the reference in that subsection to the Secretary of State's approval shall be construed as a reference to his approval in relation to the purposes of this section.

(2) On an application by a housing co-operative a local authority shall make an agreement with them for the performance by that housing co-operative, on such terms as may be provided in the agreement, of the local authority's functions under section 17(1) relating to the management of houses which are subject to the agreement.

(3) Before making such an agreement the local authority shall satisfy themselves that the housing co-operative--

(a) have the approval of the Secretary of State;

(b) are able to perform the functions competently and efficiently;

(4) Where the local authority refuse to enter into an agreement on the grounds that the housing co-operative do not satisfy paragraph (b) or (c) of subsection (3), the housing co-operative may appeal to the Secretary of State who may confirm or reverse the decision of the local authority.

(5) Where the Secretary of State reverses the decision of the local authority, the authority and the housing co-operative shall make the agreement.

(6) Where the local authority and the housing co-operative are unable to agree on the terms of the agreement, the housing co-operative may appeal to the Secretary of State who may determine the terms of the agreement.

(7) An agreement to which this section applies shall be made only with the approval of the Secretary of State, which may be given either generally or to any local authority or description of local authority or in any particular case, and may be given unconditionally or subject to any conditions. "

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

17A Publication of information

(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.

17B Power of Secretary of State to direct local authority

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.

17C Management plan

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. "

155 Rules relating to housing list

(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) In subsection (3) of section 19 of that Act (admission to housing list) for the words "Where a local authority has rules which" there shall be substituted the words "Where the rules made by a local authority under section 21(1)".

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. "

157 Other amendments of 1987 Act

(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. " ;

(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) In section 248 of that Act (repairs grants), the proviso to subsection (5) shall be amended as follows--

(a) after the words "shall not apply" there shall be inserted "(a)"; and

(b) at the end there shall be added--

" (b) in relation to an application for a repairs grant in respect of works intended to reduce exposure to radon gas. "

Part III Development of Urban and Other Areas

The Urban Regeneration Agency

158 The Agency

(1) There shall be a body corporate to be known as the Urban Regeneration Agency ("the Agency") for the purpose of exercising the functions conferred on it by the following provisions of this Part.

(2) Schedule 17 to this Act shall have effect with respect to the constitution of the Agency and Schedule 18 to this Act shall have effect with respect to the finances of the Agency.

(3) It is hereby declared that, except as provided by section 175, the Agency is not to be regarded as the servant or agent of the Crown or as enjoying any status, immunity or privilege of the Crown and that its property is not to be regarded as the property of, or property held on behalf of, the Crown.

159 Objects of Agency

(1) The main object of the Agency shall be to secure the regeneration of land in England--

(a) which is land of one or more of the descriptions mentioned in subsection (2); and

(b) which the Agency (having regard to guidance, and acting in accordance with directions, given by the Secretary of State under section 167) determines to be suitable for regeneration under this Part.

(2) The descriptions of land referred to in subsection (1)(a) are--

(a) land which is vacant or unused;

(b) land which is situated in an urban area and which is under-used or ineffectively used;

(d) land which is likely to become derelict, neglected or unsightly by reason of actual or apprehended collapse of the surface as the result of the carrying out of relevant operations which have ceased to be carried out;

and in this subsection "relevant operations" has the same meaning as in section 1 of the [1982 c. 42.] Derelict Land Act 1982.

(3) The Agency shall also have the object of securing the development of land in England which the Agency--

(a) having regard to guidance given by the Secretary of State under section 167;

(b) acting in accordance with directions given by the Secretary of State under that section; and

determines to be suitable for development under this Part.

(4) The objects of the Agency are to be achieved in particular by the following means (or by such of them as seem to the Agency to be appropriate in any particular case), namely--

(a) by securing that land and buildings are brought into effective use;

(b) by developing, or encouraging the development of, existing and new industry and commerce;

(d) by facilitating the provision of housing and providing, or facilitating the provision of, social and recreational facilities.

160 General powers of Agency

(1) Subject to the following provisions of this Part, for the purpose of achieving its objects the Agency may--

(a) acquire, hold, manage, reclaim, improve and dispose of land, plant, machinery, equipment and other property;

(b) carry out the development or redevelopment of land, including the conversion or demolition of existing buildings;

(d) provide means of access, services or other facilities for land;

(e) seek to ensure the provision of water, electricity, gas, sewerage and other services;

(f) carry on any business or undertaking for the purposes of its objects;

(g) with the consent of the Secretary of State, form, or acquire interests in, bodies corporate;

(h) act with other persons, whether in partnership or otherwise;

(i) give financial assistance to other persons;

(j) act as agent for other persons;

(k) provide advisory or other services and facilities; and

(l) generally do anything necessary or expedient for the purposes of its objects or for purposes incidental to those purposes.

(2) Nothing in section 159 or this section shall empower the Agency--

(a) to provide housing otherwise than by acquiring existing housing accommodation and making it available on a temporary basis for purposes incidental to the purposes of its objects;

(b) to acquire an interest in a body corporate which at the time of the acquisition is carrying on a trade or business, if the effect of the acquisition would be to make the body corporate a subsidiary of the Agency; or

(c) except with the consent of the Secretary of State, to dispose of any land otherwise than for the best consideration which can reasonably be obtained.

(3) For the avoidance of doubt it is hereby declared that subsection (1) relates only to the capacity of the Agency as a statutory corporation and nothing in section 159 or this section authorises it to disregard any enactment or rule of law.

(4) In this section--

"improve", in relation to land, includes refurbish, equip and fit out;
"subsidiary" has the meaning given by section 736 of the [1985 c. 6.] Companies Act 1985;

and in this section and the following provisions of this Part references to land include land not falling within subsection (1) or (3) of section 159.

161 Vesting of land by order

(1) Subject to subsections (2) and (3), the Secretary of State may by order provide that land specified in the order which is vested in a local authority, statutory undertakers or other public body, or in a wholly-owned subsidiary of a public body, shall vest in the Agency.

(2) An order under subsection (1) may not specify land vested in statutory undertakers which is used for the purpose of carrying on their statutory undertakings or which is held for that purpose.

(3) In the case of land vested in statutory undertakers, the power to make an order under subsection (1) shall be exercisable by the Secretary of State and the appropriate Minister.

(4) An order under subsection (1) shall have the same effect as a declaration under the [1981 c. 66.] Compulsory Purchase (Vesting Declarations) Act 1981 except that, in relation to such an order, the enactments mentioned in Schedule 19 to this Act shall have effect with the modifications specified in that Schedule.

(5) Compensation under the [1961 c. 33.] Land Compensation Act 1961, as applied by subsection (4) and Schedule 19 to this Act, shall be assessed by reference to values current on the date the order under subsection (1) comes into force.

(6) No compensation is payable, by virtue of an order under subsection (1), under Part IV of the Land Compensation Act 1961.

(7) In this section--

"the appropriate Minister"--
(a)
in relation to statutory undertakers who are or are deemed to be statutory undertakers for the purposes of any provision of Part XI of the [1990 c. 8.] Town and Country Planning Act 1990, shall be construed as if contained in that Part;
(b)
in relation to any other statutory undertakers, shall be construed in accordance with an order made by the Secretary of State;

and the reference to the Secretary of State and the appropriate Minister shall be similarly construed;
"local authority" means a county council, a district council, a London borough council or the Common Council of the City of London;
"statutory undertakers", except where the context otherwise requires, means--
(a)
persons authorised by any enactment to carry on any railway, light railway, tramway, road transport, water transport, canal, inland navigation, dock, harbour, pier or lighthouse undertaking, or any undertaking for the supply of hydraulic power;
(b)
British Shipbuilders, the Civil Aviation Authority, the British Coal Corporation and the Post Office;
(c)
any other authority, body or undertakers specified in an order made by the Secretary of State;
(d)
any wholly-owned subsidiary of any person, authority or body mentioned in paragraphs (a) and (b) or of any authority, body or undertakers specified in an order made under paragraph (c);

and "statutory undertaking" shall be construed accordingly;
"wholly-owned subsidiary" has the meaning given by section 736 of the [1985 c. 6.] Companies Act 1985.

(8) If any question arises as to which Minister is the appropriate Minister in relation to any statutory undertakers, that question shall be determined by the Treasury.

(9) An order under subsection (1) shall be made by statutory instrument but no such order shall be made unless a draft of the order has been laid before and approved by resolution of each House of Parliament.

(10) An order under subsection (7) shall be made by statutory instrument which shall be subject to annulment in pursuance of a resolution of either House of Parliament.

162 Acquisition of land

(1) The Agency may, for the purpose of achieving its objects or for purposes incidental to that purpose, acquire land by agreement or, on being authorised to do so by the Secretary of State, compulsorily.

(2) The Agency may, for those purposes, be authorised by the Secretary of State, by means of a compulsory purchase order, to acquire compulsorily such new rights over land as are specified in the order.

(3) Where the land referred to in subsection (1) or (2) forms part of a common, open space or fuel or field garden allotment, the Agency may acquire (by agreement or, on being authorised to do so by the Secretary of State, compulsorily) land for giving in exchange for the land or, as the case may be, rights acquired.

(4) Subject to section 169, the [1981 c. 67.] Acquisition of Land Act 1981 shall apply to the compulsory acquisition of land by virtue of subsection (1) or (3).

(5) Schedule 3 to that Act shall apply to the compulsory acquisition of a right by virtue of subsection (2) but with the modification that the reference in paragraph 4(3) to statutory undertakers includes a reference to the Agency.

(6) The provisions of Part I of the [1965 c. 56.] Compulsory Purchase Act 1965 (so far as applicable), other than section 31, shall apply to the acquisition by the Agency of land by agreement; and in that Part as so applied "land" has the meaning given by the [1978 c. 30.] Interpretation Act 1978.

(7) In subsection (2)--

"new rights over land" means rights over land which are not in existence when the order specifying them is made;
"compulsory purchase order" has the same meaning as in the [1981 c. 67.] Acquisition of Land Act 1981.

163 Power to enter and survey land

(1) Any person who is duly authorised in writing by the Agency may at any reasonable time enter any land for the purpose of surveying it, or estimating its value, in connection with--

(a) any proposal to acquire that land or any other land; or

(b) any claim for compensation in respect of any such acquisition.

(2) The power to survey land shall be construed as including power to search and bore for the purpose of ascertaining the nature of the subsoil or the presence of minerals in it.

(3) A person authorised under this section to enter any land--

(a) shall, if so required, produce evidence of his authority before entry, and

(b) shall not demand admission as of right to any land which is occupied unless 28 days' notice of the intended entry has been given to the occupier by the Agency.

(4) Any person who wilfully obstructs a person acting in exercise of his powers under this section shall be guilty of an offence and liable on summary conviction to a fine not exceeding level 2 on the standard scale.

(5) If any person who, in compliance with the provisions of this section, is admitted into a factory, workshop or workplace discloses to any person any information obtained by him in it as to any manufacturing process or trade secret, he shall be guilty of an offence.

(6) Subsection (5) does not apply if the disclosure is made by a person in the course of performing his duty in connection with the purpose for which he was authorised to enter the premises.

(7) A person who is guilty of an offence under subsection (5) shall be liable on summary conviction to a fine not exceeding the statutory maximum or on conviction on indictment to imprisonment for a term not exceeding two years or a fine or both.

(8) Where any land is damaged--

(a) in the exercise of a right of entry under this section, or

(b) in the making of any survey under this section,

compensation in respect of that damage may be recovered by any person interested in the land from the Agency.

(9) The provisions of section 118 of the [1990 c. 8.] Town and Country Planning Act 1990 (determination of claims for compensation) shall apply in relation to compensation under subsection (8) as they apply in relation to compensation under Part IV of that Act.

(10) No person shall carry out under this section any works authorised by virtue of subsection (2) unless notice of his intention to do so was included in the notice required by subsection (3).

(11) The authority of the appropriate Minister shall be required for the carrying out of any such works if--

(a) the land in question is held by statutory undertakers; and

(b) they object to the proposed works on the ground that the execution of the works would be seriously detrimental to the carrying on of their undertaking;

and expressions used in this subsection have the same meanings as they have in section 325(9) of the [1990 c. 8.] Town and Country Planning Act 1990 (supplementary provisions as to rights of entry).

164 Financial assistance

(1) The consent of the Secretary of State is required for the exercise of the Agency's power to give financial assistance; and such assistance--

(a) may be given by the Agency only in respect of qualifying expenditure; and

(b) may be so given on such terms and conditions as the Agency, with the consent of the Secretary of State, considers appropriate.

(2) Expenditure incurred in connection with any of the following matters is qualifying expenditure--

(a) the acquisition of land;

(b) the reclamation, improvement or refurbishment of land;

(d) the equipment or fitting out of land;

(e) the provision of means of access, services or other facilities for land;

(f) environmental improvements.

(3) Financial assistance may be given in any form and may, in particular, be given by way of--

(a) grants;

(b) loans;

(d) incurring expenditure for the benefit of the person assisted;

but the Agency shall not in giving financial assistance purchase loan or share capital in a company.

(4) A consent under subsection (1) may be given only with the approval of the Treasury.

(5) The terms and conditions on which financial assistance is given may, in particular, include provision as to--

(a) the circumstances in which the assistance must be repaid, or otherwise made good, to the Agency, and the manner in which that is to be done;

(b) the circumstances in which the Agency is entitled to recover the proceeds or part of the proceeds of any disposal of land in respect of which the assistance was provided.

(6) Any person receiving financial assistance shall comply with the terms and conditions on which it is given and compliance may be enforced by the Agency.

165 Connection of private streets to highway

(1) For the purpose of achieving its objects or for purposes incidental to that purpose, the Agency may serve a notice (a "connection notice") on the local highway authority requiring the authority to connect a private street to an existing highway (whether or not it is a highway which for the purposes of the [1980 c. 66.] 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 Agency to be necessary to make the connection; and

(3) Before serving a connection notice the Agency 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 Agency and the local highway authority, the Secretary of State shall determine an appeal under subsection (4) 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), 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), 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 Agency 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 Agency may itself carry out or complete those works or arrange for another person to do so.

(9) In this section "local highway authority" has the same meaning as in the Highways Act 1980.

The Agency: supplemental

166 Consents of Secretary of State

A consent of the Secretary of State under the foregoing provisions of this Part--

(a) may be given unconditionally or subject to conditions;

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