Regulation 2 Amendments

The Home Energy Efficiency Grants Regulations 1992^f1 shall be amended as follows—

(a)

for regulation 3(2) (definitions) substitute—

“(2)

For the purpose of this regulation a person shall not be treated as resident in a dwelling unless he is residing there as his only or main residence and—

“householder” means a person who, alone or jointly with others, is—

(a)

in England and Wales, a freeholder or tenant and “tenant” includes a sub-tenant and a person who has—

(i)

a protected occupancy or a statutory tenancy under the Rent (Agriculture) Act 1976^f2;”

(ii)

a statutory tenancy under the Rent Act 1977^f3;

(iii)

a secure tenancy under Part IV of the Housing Act 1985^f4;

(iv)

a licence to occupy which meets the conditions in sub-paragraphs (a) and (b) of paragraph 12 of Schedule 1 to that Act^f5 (almshouse licences); or

(v)

an assured agricultural occupancy under Part I of the Housing Act 1988^f6; and

(b)

in Scotland, an owner or tenant and “owner” includes any person who under the Lands Clauses Acts^f7 would be enabled to sell and convey land to the promoters of an undertaking, and “tenant” includes a sub-tenant and a person who—

(i)

is a statutory tenant under section 3(1) of the Rent (Scotland) Act 1984^f8;

(ii)

has entered into a contract to which Part VII of that Act applies;

(iii)

has a licence to occupy a dwelling which, if the dwelling was situated in England and Wales, would meet the conditions in sub-paragraphs (a) and (b) of paragraph 12 of Schedule 1 to the Housing Act 1985 (almshouse licences); or

(iv)

is a cottar within the meaning of section 12(5) of the Crofters (Scotland) Act 1993^f9; and

“spouse” includes a person with whom the applicant is living as husband or wife. and
1. (b)
  
  omit regulation 10A^f10 (grant condition).

Annotations

Footnotes

f1: S.I. 1992/483; relevant amending instrument in S.I. 1994/637.
f2: 1976 c. 80.
f3: 1977 c. 80.
f4: 1985 c. 68.
f5: Paragraph 12 was substituted by paragraph 12 of Schedule 6 to the Charities Act 1992 (c. 41).
f6: 1988 c. 50.
f7: Defined in Schedule 1 to the Interpretation Act 1978 (c. 30).
f8: 1984 c. 58; amended by section 46(1) of the Housing (Scotland) Act 1988 (c. 43).
f9: 1993 c. 44.
f10: Regulation 10A was inserted by S.I. 1994/637.