Housing Grants, Construction and Regeneration Act 1996 (c. 53)

(The document as of February, 2008)

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(3) In the case of a house in multiple occupation, the authority may serve the notice on the person managing the house instead of the person having control of the house.

(4) Where the authority serve a notice under subsection (1), (2) or (3)--

(a) they shall also serve a copy of the notice on any other person having an interest in the premises concerned, whether as freeholder, mortgagee or lessee (within the meaning of Part VI of the Housing Act 1985), and

(b) they may serve a copy of the notice on any person having a licence to occupy the premises.

(5) Section 617 of the Housing Act 1985 (service of notices) applies for the purpose of this section as it applies for the purpose of that Act.

83 Appeals against deferred action notices

(1) A person aggrieved by a deferred action notice may within 21 days after the service of the notice appeal to the county court.

(2) Without prejudice to the generality of subsection (1), it is a ground of appeal that serving a notice under section 189 of the Housing Act 1985, or making a closing order under section 264 of that Act or a demolition order under section 265 of that Act, is a more satisfactory course of action.

(3) Where the grounds on which an appeal is brought are or include that specified in subsection (2), the court, on the hearing of the appeal, shall have regard to any guidance given to the local housing authority under section 604A of the [1985 c. 68.] Housing Act 1985 or section 85 of this Act.

(4) On an appeal the court may make such order either confirming, quashing or varying the notice as it thinks fit.

(5) Where the appeal is allowed and the reason or one of the reasons for allowing the appeal is that serving a notice under section 189 of that Act or making a closing order under section 264 of that Act or a demolition order under section 265 of that Act is a more satisfactory course of action, the judge shall, if requested to do so by the appellant or the local housing authority, include in his judgment a finding to that effect.

(6) If an appeal is brought, the deferred action notice does not become operative until--

(a) a decision on the appeal confirming the notice (with or without variation) is given and the period within which an appeal to the Court of Appeal may be brought expires without any such appeal having been brought, or

(b) if a further appeal to the Court of Appeal is brought, a decision on that appeal is given confirming the notice (with or without variation);

and for this purpose the withdrawal of an appeal has the same effect as a decision confirming the notice or decision appealed against.

84 Review of deferred action notices

(1) The local housing authority may at any time review any deferred action notice served by them, and they shall do so not later than two years after the notice becomes operative and at intervals of not more than two years thereafter.

The Secretary of State may by order amend this subsection so as to specify such other period or periods as he considers appropriate.

(2) The authority shall for the purposes of any such review inspect the premises concerned.

For this purpose sections 197 (powers of entry) and 198 (penalty for obstruction) of the Housing Act 1985 apply as they apply for the purposes of Part VI of that Act.

(3) If the authority are satisfied that the deferred action notice remains the most satisfactory course of action, they shall renew the notice and serve notice of their decision.

(4) The provisions of section 82 (service of deferred action notice) and section 83(1) to (5) (appeals against deferred action notices) apply in relation to the authority's decision to renew a deferred action notice as in relation to the original notice.

(5) If an appeal is brought against the decision to renew a deferred action notice, the notice remains operative until any decision on the appeal, or any further appeal, quashing or varying the notice.

(6) If the authority take action in relation to the premises under any of the provisions listed in section 604A(1) of the Housing Act 1985, the deferred action notice shall cease to be operative on the relevant notice, order or declaration becoming operative.

85 Guidance by Secretary of State

(1) In deciding for the purposes of section 81 (deferred action notices) or section 84 (review of deferred action notices) what is the most satisfactory course of action in relation to any premises, the local housing authority shall have regard to such guidance as may from time to time be given by the Secretary of State.

(2) The provisions of section 604A(2) to (4) of the [1985 c. 68.] Housing Act 1985 (supplementary provisions as to guidance) apply in relation to such guidance.

Power to improve enforcement procedures

86 Unfitness for human habitation &c.: power to improve enforcement procedures

(1) The Secretary of State may by order provide that a local housing authority shall act as specified in the order before taking action of any of the following kinds--

(a) serving a deferred action notice under section 81 or renewing such a notice under section 84;

(b) serving a notice under section 189 of the Housing Act 1985 (repair notice in respect of house which unfit for human habitation);

(c) serving a notice under section 190 of that Act (repair notice in respect of house in state of disrepair but not unfit for human habitation);

(d) making a closing order under section 264 of that Act;

(e) making a demolition order under section 265 of that Act.

(2) An order under this section may provide that the authority--

(a) shall as soon as practicable give to the person against whom action is intended a written notice which satisfies the requirements of subsection (3); and

(b) shall not take any action against him until after the end of such period beginning with the giving of the notice as may be determined by or under the order.

(3) A notice satisfies the requirements of this subsection if it--

(a) states the nature of the remedial action which in the authority's opinion should be taken, and explains why and within what period;

(b) explains the grounds on which it appears to the authority that action might be taken as mentioned in subsection (1); and

(c) states the nature of the action which could be taken and states whether there is a right to make representations before, or a right of appeal against, the taking of such action.

(4) An order under this section may also provide that, before the authority takes any action against any person, they--

(a) shall give to that person a written notice stating--

(i) that they are considering taking the action and the reasons why they are considering it; and

(ii) that the person may, within a period specified in the notice, make written representations to them or, if the person so requests, make oral representations to them in the presence of a person determined by or under the order; and

(b) shall consider any representations which are duly made and not withdrawn.

(5) An order under this section may in particular--

(a) make provision as to the consequences of any failure to comply with a provision made by the order;

(b) contain provisions (including provisions modifying enactments relating to the periods within which proceedings must be brought) which are consequential upon, or supplemental or incidental to, the provisions made by the order.

(6) Nothing in any order made under this section shall--

(a) preclude a local housing authority from taking immediate action against any person, or from requiring any person to take immediate remedial action to avoid action being taken against him, in any case where it appears to them to be necessary to take such action or impose such a requirement; or

(b) require such an authority to disclose any information the disclosure of which would be contrary to the public interest.

Power to charge for enforcement action

87 Unfitness for human habitation, &c.: power to charge for enforcement action

(1) A local housing authority may make such reasonable charge as they consider appropriate as a means of recovering certain administrative and other expenses incurred by them in taking action of any of the following kinds--

(a) serving a deferred action notice under section 81 or deciding to renew such a notice under section 84;

(b) serving a notice under section 189 of the [1985 c. 68.] Housing Act 1985 (repair notice in respect of house which unfit for human habitation);

(c) serving a notice under section 190 of that Act (repair notice in respect of house in state of disrepair but not unfit for human habitation);

(d) making a closing order under section 264 of that Act;

(e) making a demolition order under section 265 of that Act.

(2) The expenses are, in the case of the service of a notice under section 81 of this Act or section 189 or 190 of the Housing Act 1985, the expenses incurred in--

(a) determining whether to serve the notice,

(b) identifying the works to be specified in the notice, and

(3) The expenses are, in the case of a decision to renew a notice under section 84 of this Act, the expenses incurred in--

(a) deciding whether to renew the notice, and

(b) serving notice of the authority's decision.

(4) The expenses are, in the case of a closing order under section 264 of the Housing Act 1985 or a demolition order under section 265 of that Act, the expenses incurred in--

(a) determining whether to make the order, and

(b) serving notice of the order.

(5) The amount of the charge shall not exceed such amount as is specified by order of the Secretary of State.

(6) Where a court allows an appeal against the underlying notice, decision or order mentioned in subsection (1), it may make such order as it thinks fit reducing, quashing or requiring the repayment of any charge under this section made in respect of the notice, decision or order.

88 Recovery of charge for enforcement action

(1) The following provisions have effect with respect to the recovery of a charge under section 87.

(2) The charge may be recovered by the authority concerned from--

(a) in the case of a notice under section 81 of this Act, or section 189 or 190 of the [1985 c. 68.] Housing Act 1985, any person on whom the notice is served;

(b) in the case of a renewal of a notice under section 84 of this Act, any person on whom notice of the decision to renew the notice is served;

(c) in the case of an order under section 264 or 265 of the Housing Act 1985, any person on whom notice of the order is served as an owner of the premises.

(3) A demand for payment of the charge shall be served on the person from whom the authority seeks to recover it.

(4) The demand becomes operative, if no appeal is brought against the underlying notice, decision or order, on the expiry of the period of 21 days from the service of the demand.

(5) The sum recoverable by the authority is, until recovered, a charge on the premises concerned; and--

(a) the charge takes effect when the demand becomes operative,

(b) the authority have for the purpose of enforcing the charge the same powers and remedies under the [1925 c. 20.] Law of Property Act 1925 and otherwise as if they were mortgagees by deed having powers of sale and lease, of accepting surrenders of leases and of appointing a receiver, and

(c) the power of appointing a receiver is exercisable at any time after the expiration of one month from the date when the charge takes effect.

Supplementary provisions

89 Power to prescribe forms

The Secretary of State may by regulations prescribe the form of and the particulars to be contained in--

(a) a deferred action notice, or a notice of an authority's decision to renew a deferred action notice, or

(b) a demand for payment of any charge under section 87 (power to charge for enforcement action).

90 Minor definitions: Chapter IV

In this Chapter--

(a) "dwelling-house", "flat" and references to the owner of a dwelling-house or flat, have the same meaning as in Part VI of the Housing Act 1985 (repair notices); and

(b) "house in multiple occupation", "flat in multiple occupation" and references to the owner of or person managing such a house or flat, have the same meaning as in Part XI of that Act.

91 Index of defined expressions: Chapter IV

In this Chapter the expressions listed below are defined by or otherwise fall to be construed in accordance with the provisions indicated--

deferred action notice	section 81
dwelling-house	section 90(a)
flat	section 90(a)
flat in multiple occupation	section 90(b)
house in multiple occupation	section 90(b)
local housing authority	section 101
owner
–in relation to a dwelling-house or flat	section 90(a)
–in relation to a house or flat in multiple occupation	section 90(b)
person managing (a house or flat in multiple occupation)	section 90(b)
prescribed	section 101
unfit for human habitation	section 97

Chapter V Supplementary provisions

Contributions by Secretary of State

92 Contributions by the Secretary of State

(1) The Secretary of State may pay contributions to local housing authorities towards such expenditure incurred by them under this Part as he may determine.

(2) The rate or rates of the contributions, the calculation of the expenditure to which they relate and the manner of their payment shall be such as may be determined by the Secretary of State with the consent of the Treasury.

(3) A determination under subsection (1) or (2)--

(a) may be made generally or with respect to a particular local housing authority or description of authority, including a description framed by reference to authorities in a particular area, and

(b) may make different provision in relation to different cases or descriptions of case.

(4) Contributions under this section shall be payable subject to such conditions as to records, certificates, audit or otherwise as the Secretary of State may, with the approval of the Treasury, impose.

(5) If, before the declaration of a renewal area, a local housing authority are satisfied that the rate of contributions which, in accordance with a determination under subsection (2), would otherwise be applicable to the authority will not be adequate, bearing in mind the action they propose to take with regard to the area, they may, before making the declaration, apply to the Secretary of State for contributions at a higher rate in respect of that area.

(6) An application under subsection (5) shall be made in such form and shall contain such particulars as the Secretary of State may determine; and, if such an application is made, the authority shall not declare the area concerned to be a renewal area until the application is approved, refused or withdrawn.

(7) If an application under subsection (5) is approved, the Secretary of State may pay contributions under subsection (1) in respect of the area concerned at such higher rate as he may determine under subsection (2).

93 Recovery of contributions

(1) Where the Secretary of State has paid contributions under section 92 to a local housing authority, he may recover from the authority such amount as he determines to be appropriate in respect of repayments of grant under this Part.

(2) For the purposes of this section--

(a) a "grant" includes the cost of scheme works for a group repair scheme (see section 62(1)), and

(b) "repayment of grant" includes the payment to the authority of the balance of the cost (see section 69(3)) by assisted participants in such a scheme.

(3) The amount shall be calculated by reference to the amount appearing to the Secretary of State to represent his contribution to--

(a) grants in respect of which repayments have been made to the authority, or

(b) grants in respect of which repayments could have been recovered if reasonable steps had been taken by the authority,

together with an appropriate percentage of any interest received by the authority, or which would have been received if reasonable steps had been taken by the authority.

(4) The question what steps it would have been reasonable for the authority to take shall be determined by the Secretary of State.

In determining whether the authority took reasonable steps, the Secretary of State may consider whether the authority properly exercised its discretion not to demand repayment of grant or to demand payment of a lesser sum.

Consent of the Secretary of State

94 Consent of the Secretary of State

The consent of the Secretary of State for the purposes of--

(a) section 45(4)(b), 46(4) or 47(4) (consent to waiver of liability to repay renovation grant, common parts grant or HMO grant on disposal), or

(b) section 34(6)(b), 44(3)(a), 51 or 52 (conditions imposed with consent of Secretary of State),

may be given either generally or in relation to any one or more specified authorities or descriptions of authority or in relation to particular cases or descriptions of case.

Parsonages, charities, &c.

95 Parsonages, charities, &c

(1) The provisions of Chapter I (main grants) mentioned below do not apply to--

(a) an application for a grant in respect of glebe land or the residence house of an ecclesiastical benefice, or

(b) an application for a grant made by a charity or on behalf of a charity by the charity trustees of the charity.

(2) Those provisions are--

(a) sections 7 to 11 (conditions for application for renovation grant);

(b) sections 19, 21 and 22 (conditions for application for disabled facilities grant);

(3) In considering under section 31 the amount (if any) of the grant where the applicant is a charity or the application is in respect of glebe land, the local housing authority shall have regard, in addition to the matters mentioned in that section, to any obligation or practice on the part of the applicant to let dwellings at a rent less than that which could be obtained on the open market.

(4) In Chapter II (group repair schemes), in section 64(2) (persons eligible to participate in group repair scheme as assisted participants), the requirement in paragraph (a) that a person give an owner-occupation certificate or a certificate of intended letting does not apply if--

(a) the person concerned is a charity or the trustee of a charity, or

(b) the dwelling is the residence house of an ecclesiastical benefice;

and the requirement in paragraph (b) that a person give a certificate of future occupation does not apply if the person concerned is a charity or the trustee of a charity.

(5) In Chapter III (home repair assistance), section 77(1)(c) (condition that applicant have owner's interest or tenancy) does not apply to an application by an individual in respect of glebe land or the residence house of an ecclesiastical benefice.

(6) In this section "charity" does not include a registered social landlord but otherwise has the same meaning as in the [1993 c. 10.] Charities Act 1993.

Interpretation

96 Meaning of "reasonable repair"

In determining for the purposes of this Part what is "reasonable repair", in relation to a dwelling, house or building, a local housing authority--

(a) shall have regard to the age and character of the dwelling, house or building and the locality in which it is situated, and

(b) shall disregard the state of internal decorative repair.

97 Fitness for human habitation

(1) Section 604 of the [1985 c. 68.] Housing Act 1985 (fitness for human habitation) applies for the purposes of this Part as it applies for the purposes of that Act.

(2) In deciding whether they are satisfied that the carrying out of the relevant works is the most satisfactory course of action in a case where the house or dwelling concerned is unfit for human habitation, the local housing authority shall have regard to any guidance given under section 604A of the Housing Act 1985 and section 85 of this Act.

For that purpose the authority shall treat any guidance given in respect of the serving of a repair notice under section 189(1) of the Housing Act 1985 as guidance given in respect of the completion of the relevant works.

98 Members of a person's family and connected persons

(1) Section 113 of the [1985 c. 68.] Housing Act 1985 (meaning of "members of a person's family") applies in determining whether a person is a member of another's family for the purposes of this Part.

(2) For the purposes of this Part a person is connected with the owner for the time being of a dwelling if--

(a) in a case where personal representatives or trustees are the owner, he is a person who under the will or intestacy or, as the case may be, under the terms of the trust concerned is beneficially entitled to an interest in the dwelling or to the proceeds of sale of the dwelling;

(b) in any other case, he is a member of the family of the owner.

99 Meaning of "owner" of dwelling

(1) In this Part "owner", in relation to a dwelling, means the person who--

(a) is for the time being entitled to receive from a lessee of the dwelling (or would be so entitled if the dwelling were let) a rent at an annual rate of not less than two-thirds of the net annual value of the dwelling; and

(b) is not himself liable as lessee of the dwelling, or of property which includes the dwelling, to pay such a rent to a superior landlord.

(2) For this purpose the net annual value of a dwelling means the rent at which the dwelling might reasonably be expected to be let from year to year if the tenant undertook to pay all usual tenant's rates and taxes and to bear the cost of repair and insurance and the other expenses, if any, necessary to maintain the dwelling in a state to command that rent.

(3) Any dispute arising as to the net annual value of a dwelling shall be referred in writing for decision by the district valuer.

In this subsection "district valuer" has the same meaning as in the Housing Act 1985.

100 Disabled persons

(1) For the purposes of this Part a person is disabled if--

(a) his sight, hearing or speech is substantially impaired,

(b) he has a mental disorder or impairment of any kind, or

(2) A person aged eighteen or over shall be taken for the purposes of this Part to be disabled if--

(a) he is registered in pursuance of any arrangements made under section 29(1) of the [1948 c. 29.] National Assistance Act 1948 (disabled persons' welfare), or

(b) he is a person for whose welfare arrangements have been made under that provision or, in the opinion of the social services authority, might be made under it.

(3) A person under the age of eighteen shall be taken for the purposes of this Part to be disabled if--

(a) he is registered in a register of disabled children maintained under paragraph 2 of Schedule 2 to the [1989 c. 41.] Children Act 1989, or

(b) he is in the opinion of the social services authority a disabled child as defined for the purposes of Part III of the [1989 c. 41.] Children Act 1989 (local authority support for children and their families).

(4) In this Part the "social services authority" means the council which is the local authority for the purposes of the [1970 c. 42.] Local Authority Social Services Act 1970 for the area in which the dwelling or building is situated.

(5) Nothing in subsection (1) above shall be construed as affecting the persons who are to be regarded as disabled under section 29(1) of the [1948 c. 29.] National Assistance Act 1948 or section 17(11) of the Children Act 1989 (which define disabled persons for the purposes of the statutory provisions mentioned in subsections (2) to (4) above).

101 Minor definitions: Part I

In this Part--

"dwelling" means a building or part of a building occupied or intended to be occupied as a separate dwelling, together with any yard, garden, outhouses and appurtenances belonging to it or usually enjoyed with it;
"elderly" means aged 60 years or over;
"house in multiple occupation" has the same meaning as in Part VII of the [1989 c. 42.] Local Government and Housing Act 1989;
"housing action trust" means a housing action trust established under Part III of the [1988 c. 50.] Housing Act 1988 and includes any body established by order under section 88 of the Housing Act 1988;
"improvement" includes alteration and enlargement;
"introductory tenancy" and"introductory tenant" have the same meaning as in Chapter I of Part V of the [1996 c. 52.] Housing Act 1996;
"local authority" and "local housing authority" have the same meaning as in the [1985 c. 68.] Housing Act 1985;
"long tenancy" has the meaning assigned by section 115 of that Act;
"new town corporation" has the same meaning as in the Housing Act 1985 and includes any body established by order under paragraph 7 of Schedule 9 to the [1981 c. 64.] New Towns Act 1981;
"owner", in relation to a dwelling, has the meaning given by section 99, and, in relation to a house in multiple occupation, has the same meaning as in Part XI of the Housing Act 1985;
"owner's interest", in relation to any premises, means--
(a)
an estate in fee simple absolute in possession, or
(b)
a term of years absolute of which not less than five years remain unexpired at the date of the application,

whether held by the applicant alone or jointly with others;
"partner", in relation to a person, means that person's spouse or a person other than a spouse with whom he or she lives as husband or wife;
"prescribed" means prescribed by regulations made by the Secretary of State;
"registered social landlord" has the same meaning as in Part I of the Housing Act 1996;
"renewal area" has the same meaning as in Part VII of the Local Government and Housing Act 1989;
"secure tenancy" and "secure tenant" have the same meaning as in Part IV of the [1985 c. 68.] Housing Act 1985;
"statutory tenancy" and "statutory tenant" mean a statutory tenancy or statutory tenant within the meaning of the [1977 c. 42.] Rent Act 1977 or the [1976 c. 80.] Rent (Agriculture) Act 1976;
"tenancy" includes a sub-tenancy and an agreement for a tenancy or sub-tenancy;
"tenant" includes a sub-tenant and any person deriving title under the original tenant or sub-tenant;
"urban development corporation" has the same meaning as in the Housing Act 1985 and includes any body established by order under section 165B of the [1980 c. 65.] Local Government, Planning and Land Act 1980.

Transitional and consequential provisions

102 Transitional provisions

(1) The provisions of Chapters I to III of this Part have effect in place of Part VIII of the [1989 c. 42.] Local Government and Housing Act 1989 (grants towards cost of improvements and repairs, &c.).

(2) Subject as follows, the provisions of that Part continue to apply to applications for grant of the descriptions mentioned in section 101 of that Act made before the commencement of this Part.

(3) Sections 112 and 113 of that Act (which require a local housing authority to approve certain grant applications) do not apply to an application under that Part made after 2nd February 1996 which has not been approved or refused before the commencement of this Part, unless--

(a) the six month period under section 116(1) of that Act (period within which applicant to be notified of decision) has elapsed before commencement, or

(b) the works were begun on or before 2nd February 1996--

(i) in an emergency, or

(ii) in order to comply with a notice under section 189, 190 or 352 of the Housing Act 1985.

(4) An application to which section 112 or 113 of the Local Government and Housing Act 1989 would have applied but for subsection (3) above shall be dealt with after the commencement of this Part as if those sections were omitted from Part VIII of that Act.

(5) The above provisions do not affect the power conferred by section 150(4) to make transitional provision and savings in relation to the commencement of this Part, including provision supplementary or incidental to the above provisions.

Supplementary and incidental provision may, in particular, be made adapting the provisions of Part VIII of that Act in the case of applications to which section 112 or 113 would have applied but for the above provisions.

103 Consequential amendments: Part I

The enactments mentioned in Schedule 1 have effect with the amendments specified there which are consequential on the provisions of this Part.

Part II Construction contracts

Introductory provisions

104 Construction contracts

(1) In this Part a "construction contract" means an agreement with a person for any of the following--

(a) the carrying out of construction operations;

(b) arranging for the carrying out of construction operations by others, whether under sub-contract to him or otherwise;

(2) References in this Part to a construction contract include an agreement--

(a) to do architectural, design, or surveying work, or

(b) to provide advice on building, engineering, interior or exterior decoration or on the laying-out of landscape,

in relation to construction operations.

(3) References in this Part to a construction contract do not include a contract of employment (within the meaning of the [1996 c. 18.] Employment Rights Act 1996).

(4) The Secretary of State may by order add to, amend or repeal any of the provisions of subsection (1), (2) or (3) as to the agreements which are construction contracts for the purposes of this Part or are to be taken or not to be taken as included in references to such contracts.

No such order shall be made unless a draft of it has been laid before and approved by a resolution of each of House of Parliament.

(5) Where an agreement relates to construction operations and other matters, this Part applies to it only so far as it relates to construction operations.

An agreement relates to construction operations so far as it makes provision of any kind within subsection (1) or (2).

(6) This Part applies only to construction contracts which--

(a) are entered into after the commencement of this Part, and

(b) relate to the carrying out of construction operations in England, Wales or Scotland.

(7) This Part applies whether or not the law of England and Wales or Scotland is otherwise the applicable law in relation to the contract.

105 Meaning of "construction operations"

(1) In this Part "construction operations" means, subject as follows, operations of any of the following descriptions--

(a) construction, alteration, repair, maintenance, extension, demolition or dismantling of buildings, or structures forming, or to form, part of the land (whether permanent or not);

(b) construction, alteration, repair, maintenance, extension, demolition or dismantling of any works forming, or to form, part of the land, including (without prejudice to the foregoing) walls, roadworks, power-lines, telecommunication apparatus, aircraft runways, docks and harbours, railways, inland waterways, pipe-lines, reservoirs, water-mains, wells, sewers, industrial plant and installations for purposes of land drainage, coast protection or defence;

(c) installation in any building or structure of fittings forming part of the land, including (without prejudice to the foregoing) systems of heating, lighting, air-conditioning, ventilation, power supply, drainage, sanitation, water supply or fire protection, or security or communications systems;

(d) external or internal cleaning of buildings and structures, so far as carried out in the course of their construction, alteration, repair, extension or restoration;

(e) operations which form an integral part of, or are preparatory to, or are for rendering complete, such operations as are previously described in this subsection, including site clearance, earth-moving, excavation, tunnelling and boring, laying of foundations, erection, maintenance or dismantling of scaffolding, site restoration, landscaping and the provision of roadways and other access works;

(f) painting or decorating the internal or external surfaces of any building or structure.

(2) The following operations are not construction operations within the meaning of this Part--

(a) drilling for, or extraction of, oil or natural gas;

(b) extraction (whether by underground or surface working) of minerals; tunnelling or boring, or construction of underground works, for this purpose;

(c) assembly, installation or demolition of plant or machinery, or erection or demolition of steelwork for the purposes of supporting or providing access to plant or machinery, on a site where the primary activity is--

(i) nuclear processing, power generation, or water or effluent treatment, or

(ii) the production, transmission, processing or bulk storage (other than warehousing) of chemicals, pharmaceuticals, oil, gas, steel or food and drink;

(d) manufacture or delivery to site of--

(i) building or engineering components or equipment,

(ii) materials, plant or machinery, or

(iii) components for systems of heating, lighting, air-conditioning, ventilation, power supply, drainage, sanitation, water supply or fire protection, or for security or communications systems,

except under a contract which also provides for their installation;

(e) the making, installation and repair of artistic works, being sculptures, murals and other works which are wholly artistic in nature.

(3) The Secretary of State may by order add to, amend or repeal any of the provisions of subsection (1) or (2) as to the operations and work to be treated as construction operations for the purposes of this Part.

(4) No such order shall be made unless a draft of it has been laid before and approved by a resolution of each House of Parliament.

106 Provisions not applicable to contract with residential occupier

(1) This Part does not apply--

(a) to a construction contract with a residential occupier (see below), or

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