Housing (Consequential Provisions) Act 1985 in Scotland

The re-enactment of provisions in the consolidating Acts, and the consequent repeal of those provisions by this Act, does not affect the continuity of the law.

Anything done (including subordinate legislation made), or having effect as done, under a provision reproduced in the consolidating Acts has effect as if done under the corresponding provision of the Acts

References (express or implied) in the consolidating Acts or any other enactment, instrument or document to a provision of the consolidating Acts shall, so far as the context permits, be construed as including, in relation to times, circumstances and purposes before the commencement of those Acts, a reference to corresponding earlier provisions.

A reference (express or implied) in an enactment, instrument or other document to a provision reproduced in the consolidating Acts shall be construed, so far as is required for continuing its effect and subject to any express amendment made by this Act, as being, or as the case may require including, a reference to the corresponding provision of the consolidating Acts.

The enactments specified in Schedule 1 are repealed to the extent specified.

The repeals include repeals, in accordance with Recommendations of the Law Commission and the Scottish Law Commission, of provisions which are obsolete or no longer of practical utility or whose repeal is otherwise desirable for the purpose of achieving a satisfactory consolidation of the enactments reproduced in the consolidating Acts.

The repeals have effect subject to any relevant savings in—

• Schedule 4 to this Act (miscellaneous and general savings), or

• Schedule 15, 18 or 19 to the M1Housing Act 1985 or Schedule 5 to the M2Housing Associations Act 1985 (which relate to certain superseded financial provisions).

The enactments specified in Schedule 2 have effect with the amendments specified.

The amendments have effect subject to any relevant transitional provisions in Schedule 3.

Schedule 3 has effect with respect to transitional matters in connection with the coming into force of the consolidating Acts and the Consequential Amendments made by this Act.

Schedule 4 contains savings in connection with the repeals made by this Act (including savings for repealed transitional provisions and repealed savings).

The provisions of Schedule 4 do not affect the general operation of section 16 of the M1 Interpretation Act 1978 (general savings to be implied on a repeal).

Notwithstanding anything in section 50 of the Brine Pumping (Compensation for Subsidence) Act 1891 (persons excluded from right to compensation), a local authority is entitled to compensation in accordance with the provisions of that Act in respect of any injury or damage to houses belonging to them which were provided under a housing scheme towards the losses on which the Secretary of State, or any predecessor of his, was liable to contribute under the M1Housing, Town Planning, &c. Act 1919 at any time before 10th August 1972.

In sub-paragraph (1) “local authority” means a county council, district council or London borough council, the Common Council of the City of London or the Council of the Isles of Scilly.

The Pipelines Act 1962 is amended as follows.

In section 28(4) (recovery of expenses incurred in executing demolition order)—

In section 30 (recovery of possession of building to be demolished)—

The Housing (Scotland) Act 1966 is amended as follows.

Sections 162, 165, 177, 178, 186, 193 and 194 (general provisions with respect to housing functions of local authorities) apply in relation to sections 59 and 61 of the Housing Associations Act 1985 (functions of local authorities in relation to housing associations) as they apply in relation to provisions of the 1966 Act.

In section 175(2) (compulsory purchase by Scottish Special Housing Association at request of Housing Corporation), for “section 3(5) of the Housing Act 1974” substitute “section 88(5) of the Housing Associations Act 1985”.

In section 208(1) (general interpretation), for the definition of “housing association” substitute—

““housing association” has the same meaning as in the Housing Associations Act 1985;”.

in paragraph (b) after “the Act” insert “or in accordance with applications approved under section 18 of the Housing Act 1969”;

in paragraph (c) after “that Act” insert “or in respect of which grants or contributions have been made to a housing association under Part I of the Housing Act 1969”.

Section 25 of the Housing (Financial Provisions) (Scotland) Act 1968 (advances to Scottish Special Housing Association) is amended as follows.

In subsection (1)(d) advances where Association act as agent for Housing Corporation) for “section 11(1) of the Housing Act 1964” substitute “section 100 of the Housing Associations Act 1985.”.

For subsection (4) (application of financial and accounting provisions) substitute—

“(4)

The Treasury may issue to the Secretary of State out of the National Loans Fund such sums as are necessary to enable him to make advances under this section; and any sums received by the Secretary of State in repayment of such advances shall be paiinto the National Loan Fund.

(4A)

The Secretary of State shall—

(a)

prepare in respect of each financial year an account in suc;h form and manner as the Treasury may direct, of sums issued to him for advances under this section, and of sums received by him under this section, and of the disposal by him of those sums respectively, and

(b)

send it to the Comptroller and Auditor-General not later than the end of November in the following financial year;

and the Comptroller and Auditor-General shall examine, certify and report on the account and lay copies of it, together with his report, before each House of Parliament.”.

Section 36 of the Fire Precautions Act 1970 (loans to meet expenditure on certain alterations) is amended as follows.

For subsection (8) (terms of loan) substitute—

“(8)

The local authority’s offer may in particular include provision—

(a)

for the advance to be made by instalments from time to time as the alterations progress;

(b)

for repayment either by instalments of principal or by an annuity of principal and interest combined;

(c)

that in the event of any of the conditions subject to which the advance is made not being complied with, the balance for the time being unpaid shall become repayable on demand by the local authority;

(d)

that the balance for the time being unpaid may be repaid on one of the usual quarter days by the person for the time being entitled to the equity of redemption after one month’s written notice of intention to repay has been given to the local authority.”.

In subsection (9) (application to Scotland) for paragraph (d) substitute—

“(d)

in subsection (8) for “on one of the usual quarter days” there shall be substituted “any term of Whitsunday or Martinmas” and for “the person for the time being entitled to the equity of redemption” there shall be substituted “the debtor”.”.

The Housing Act 1974 is amended as follows.

In section 18(2) (certain housing association tenancies within the Rent (Scotland) Act 1984) for “subsection (1) above” substitute “section 5(4) of the Rent (Scotland) Act 1984”.

In Schedule 3 (provisions supplementary to section 18), in paragraphs 13(1)(c) and 14(1)(a) and in paragraph 16 in the definition of “the previous housing association tenancy,” for section 18(1) of this Act substitute “section 5(4) of the Rent (Scotland) Act 1984”.

The Rent (Agriculture) Act 1976 is amended as follows.

In section 5 (no statutory tenancy where landlord’s interest belongs to certain authoritiues or bodies), in subsection (4) (certain housing associations) for the words from “belong to a housing association” to the end substitute—

“belong to a housing association which—

(a)

is registered under the Housing Associations Act 1985, or

(b)

is a co-operative housing association within the meaning of that Act.”.

In section 27 (rehousing: application to housing authority), for subsection (3) substitute—

“(3)

In this Act the “housing authority concerned” is the local housing authority within the meaning of the Housing Act 1985.”.

In Schedule 4 (grounds for possession of dwelling-house)—

for “the Housing Act 1957” substitute “Part X of the Housing Act 1985”.

In Schedule 5 (terms of statutory tenancy)—

The Rent Act 1977 is amended as follows.

In section 15 (certain housing association tenancies), for subsection (3) (associations to which the section applies) substitute—

“(3)

A housing association falls within this subsection if—

(a)

it is registered under the Housing Associations Act 1985, or

(b)

it is a co-operative housing association within the meaning of that Act.”.

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In section 78 (powers of rent tribunals on reference of restricted contract) in subsection (5) (meaning of “housing authority”) for the words from “means a council” to the end substitute “means a local housing authority within the meaning of the Housing Act 1985”.

In section 86 (meaning of “housing association tenancy” for purposes of Part VI)—

In section 88 (rent limit for certain housing association tenancies), in subsection (7) (conditions imposed under certain enactments to be disregarded in determining rent limit)—

In section 92 (conversion of housing association tenancies), in subsection (5) (definition of “housing association”) for “section 189(1) of the Housing Act 1957” substitute “the Housing Associations Act 1985”.

For section 101 (overcrowded dwelling-houses) substitute—

“ Over-crowded dwelling-houses.

101

At any time when a dwelling-house is overcrowded within the meaning of Part X of the Housing Act 1985 in such circumstances as to render the occupier guilty of an offence, nothing in this Part of this Act shall prevent the immediate landlord of the occupier from obtaining possession of the dwelling-house.”.

In section 116 (power of court to authorise carrying out of works without consent of statutory tenant)—

In section 149(1) (powers of local authorities to provide information), for sub-paragraph (a)(i) substitute—

“(i)

sections 4 to 7 (provision of rent books) and sections 18 to 30 (service charges) of the Landlord and Tenant Act 1985,”.

In Schedule 15, Part IV (determination whether suitable alterznative accommodation is or will be available)—

In Schedule 16 (further grounds for possession of dwelling-houses let to agricultural workers)—

The Housing (Homeless Persons) Act 1977, as it continues to apply in Scotland, is amended as follows.

In section 1(1) (definition of homelessness) after “if there is no accommodation” insert “in Scotland, England or Wales”.

In section 3(3) (inquiries as to local connection with another housing authority) after “housing authority” insert “in Scotland, England or Wales”.

In section 5(1)(a) (grounds for referral of application to another housing authority), in sub-paragraph (ii) for “another housing authority’s area” substitute “the area of another housing authority in Scotland, England or Wales”.

In section 9(1) (co-operation between authorities)—

After section 18 insert—

“ Application of this Act to cases arising in England and Wales.

18A

(1)

Section 5(3), (4) and (7) to (11) above (notification of application to another housing authority and duties to persons whose applications are so notified) apply—

(a)

to applications notified by an authority in England or Wales in pursuance of section 67 of the Housing Act 1985, and

(b)

to persons whose applications are so notified,

as they apply to cases arising under this Act.

(2)

Section 9 above (duty of authorities to co-operate with housing authority) applies to a request by a local housing authority in England or Wales under section 72 of the Housing Act 1985 as it applies to a request by a housing authority in Scotland.

(3)

In this Act, in relation to England and Wales—

(a)

“housing authority” means a local housing authority within the meaning of section 1 of the Housing Act 1985, and references to the area of such an authority are to their district within the meaning of section 2 of that Act, and

(b)

“social work authority” means a local authority for the purposes of the Local Authority Social Services Act 1970, as defined in section 1 of that Act;

and in section 9(1)(c) (requests for co-operation) “development corporation” includes a development corporation established under the New Towns Act 1981.”.

In section 19(1) (general interpretation), in the definition of “registered housing association” for the words from “registered in” to the end substitute “registered under the Housing Associations Act 1985”.

In section 21 (citation and extent), for subsection (4) substitute—

“(4)

This Act extends to Scotland only.”.

The Housing (Financial Provisions) (Scotland) Act 1978 is amended as follows.

In section 5 (financial assistance to voluntary organisations), in subsection (2) for the words from “in the register” to “1974” substitute “under the Housing Associations Act 1985”.

In section 7 (restriction on certain exchequer payments)—

The Home Purchase Assistance and Housing Corporation Guarantee Act 1978, as it continues to apply in Scotland, is amended as follows.

In section 2(5) (exclusion of Restrictive Trade Practices Act 1976) after “this Act” insert “, or the corresponding English or Northern Ireland provisions,”.

In section 3 (modifications of building society law), after “under this Act”, wherever occurring, insert “, or the corresponding English or Northern Ireland provisions,”.

After section 3 insert—

“ Corresponding English or Northern Ireland provisions.

3A

The references in this Act to the corresponding English or Northern Ireland provisions are to, respectively, sections 445 to 449 of the Housing Act 1985 and Part IX of the Housing (Northern Ireland) Order 1981.”.

For section 6(3) substitute—

“(3)

This Act extends to Scotland only.”.

In the Schedule (recognised lending and savings institutions)—

The Housing Act 1980 is amended as follows.

In section 86 (jurisdiction of county court), for subsections (1) and (2) substitute—

“(1)

A county court has jurisdiction to determine any question arising under Part III of this Act (tenant’s improvements) and to entertain any proceedings brought thereunder.

(2)

The jurisdiction conferred by this section includes jurisdiction to entertain proceedings on any question whether any consent required by section 81 was withheld or unreasonably withheld, notwithstanding that no other relief is sought than a declaration.”.

In section 140 (exclusion of shared ownership tenancies from Leasehold Reform Act 1967), in subsection (6) definition of “registered housing association”) for “section 13 of the Housing Act 1974” substitute “the Housing Associations Act 1985”.

In Schedule 9 (provisions consequential on amendment of definition of “housing trust” in the Rent Act 1977)—

The Tenants’ Rights, &c. (Scotland) Act 1980 is amended as follows.

In section 1(10) (landlords relevant to qualifying period for right to purchase and discount), in paragraph (e) (certain housing cooperatives) for “paragraph 9 of Schedule 1 to the Housing Rents and Subsidies Act 1975” substitute “section 27 of the Housing Act 1985”.

In section 10(2) (landlord condition for secure tenancies), in paragraph (e) (registered housing associations) for “the Housing Act 1974” substitute “the Housing Associations Act 1985”.

For section 11 (special provision for certain housing associations) substitute—

“ Special provision for certain housing associations.

11

(1)

A tenancy shall not be a secure tenancy at any time when the interest of the landlord belongs to a registered housing association which is a co-operative housing association.

(2)

This Part of this Act (with the exception of sections 16, 17 and 21 to 25) shall apply to a tenancy at any time when the interest of the landlord belongs to a housing association which is a co-operative housing association and is not registered.

(3)

If a registered housing association which is a co-operative housing association ceases to be registered, it shall notify those of its tenants who thereby become secure tenants.

(4)

Notice under subsection (3) shall be given in each tenant concerned, within the period of 21 days beginning with the date on which the association ceases to be registered.

(5)

In this section—

(a)

references to registration in relation to a housing association are to registration under the Housing Associations Act 1985, and

(b)

“co-operative housing association” has the same meaning as in that Act.”.

The Local Government, Planning and Land Act 1980 is amended as follows.

In section 152(1)(c) (power to confer on urban development corporations functions with respect to home insulation), for “section 1 of the Homes Insulation Act 1978” substitute “section 521 of the Housing Act 1985”.

In section 153(1) (power to confer local authority housing functions on urban development corporation) for the words from “the Housing Acts 1957 to 1975 and the Housing Act 1980” substitute “the Housing Act 1985 or the Housing Associations Act 1985”.

In Schedule 12 (prescribed expenditure for purposes of controls on capital expenditure), in paragraph 1(e) (certain expenditure on land) for “Part V of the Housing Act 1957” substitute “Part II of the Housing Act 1985”.

for “Part V of the Housing Act 1957” substitute “Part II of the Housing Act 1985”;

for “the said Part V”, in each place where it occurs, substitute “the said Part II”.

in paragraph (b) for “local authority within the meaning of Part V of the Housing Act 1957” substitute “local housing authority within the meaning of the Housing Act 1985”;

in paragraph (f) for “section 13 of the Housing Act 1974” substitute “the Housing Associations Act 1985”.

The Housing (Northern Ireland) Order 1981 is amended as follows.

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After that Article insert—

“ Exclusion of Restrictive Trade Practices Act 1976

155A

Section 16(3) and (5) of the Restrictive Trade Practices Act 1976 (recommendations by services supply associations to members) do not apply to recommendations made to lending and savings institutions about the manner of implementing Articles 153 and 154, or the corresponding English or Scottish provisions, provided that the recommendations are made with the approval of the Department of the environment for Northern Ireland, or, as the case may be, the Secretary of State, which may be withdrawn at any time on one month’s notice.”.

In Article 156 (indemnity agreements with building societies), at the end add—

“(7)

Section 16(3) and (5) of the Restrictive Trade Practices Act 1976 (recommendations by services supply associations) do not apply to a recommendation made about the making of agreements under this Article, or under the corresponding provisions in England and Wales (namely, section 442 of the Housing Act 1985 and section 84 of the Housing Associations Act 1985), provided that the recommendations are made with the approval of the Department of the Environment for Northern Ireland, or, as the case may be, of the Secretary of State, which may be withdrawn at any time on one month’s notice.”.

In Schedule 10 (institutions recognised for purposes of the scheme for assisting first-time buyers)—

in subsection (1) for the words from “subsection (1)” to “Housing Act 1957” substitute “section 23(1) of the Housing Act 1985 (byelaws for regulation of authority’s houses)”;

in the same subsection for “Part V of the said Act of 1957” substitute “Part II of the Housing Act 1985”;

in subsection (2) for “the said section 112” substitute “section 23(1) of the Housing Act 1985”.

The County Courts Act 1984 is amended as follows.

In section 66(1) (trial by jury: cases for trial without jury), in paragraph (c) (housing appeals) for “the Housing Act 1957” substitute “the Housing Act 1985”.

In section 77 (appeals), in subsection (6) (restriction of appeal on question of fact where court has unfettered discretion whether or not to order possession), in paragraph (e) for “section 34(3)(a) of the Housing Act 1980” substitute “section 84(2)(a) of the Housing Act 1985”.

The Building Act 1984 is amended as follows.

In section 76(7) (power to act in respect of defective building notwithstanding that authority might have proceeded under housing powers) for “section 9 of the Housing Act 1957” substitute “Part VI of the Housing Act 1985 (repair notices)”.

In section 80(1)(a) and section 81(1)(a), and (3)(b) and (4)(b) (which relate to demolition orders) for “the Housing Act 1957” substitute “Part IX of the Housing Act 1985”.

The Rent (Scotland) Act 1984 is amended as follows.

In section 5 (now; protected or statutory tenancy where landlord’s interest belongs to certain authorities), in subsection (4) (certain housing associations) for the words from “belongs to” to the end substitute—

“belongs to a housing association which—

(a)

is registered under the Housing Associations Act 1985, or

(b)

is a co-operative housing association within the meaning of that Act;

nor shall a person at any time be a statutory tenant of a dwelling-house if the interest of his immediate landlord belongs at that time to such a housing association.”.

In section 61(1) (interpretation of Part VI), in the definition of “housing association” for the words from “meaning” to the end substitute “same meaning as in the Housing Associations Act 1985”.

In section 63(4) (lessors excluded from Part VII), in paragraph (e) (registered housing associations), for “Housing Act 1974” substitute “Housing Associations Act 1985”.

The general rule is that the provisions of the consolidating Acts apply, in accordance with section 2 of this Act (continuity of the law), to matters arising before the commencement of those Acts as to matters arising after that commencement.

The general rule has effect subject to any express provision to the contrary, either in this Schedule or in connection with the substantive provision in question.

The general rule does not mean that the provisions of the consolidating Acts apply to cases to which the corresponding repealed provisions did not apply by virtue of transitional provision made in connection with the commencement of the repealed provisions (such transitional provisions, if not specifically reproduced, are saved by paragraph 1 of Schedule 4).

The general rule does not apply so far as a provision of the consolidating Acts gives effect to an amendment (in pursuance of a Recommendation of the Law Commission and, in some cases, the Scottish Law Commission).

The consolidating Acts and the Local Government Act 1985 shall be construed and have effect as if the consolidating Acts had come into force immediately after that Act.

References to a local authority in provisions of the consolidating Acts which confer powers, duties, rights or immunities by reference to things done by or in relation to a local authority before 1st April 1986 include references to the councils abolished by the Local Government Act 1985.

Sub-paragraph (2) applies in particular to the following provisions—

• section 45(2)(b) of the Housing Act 1985 (restriction on service charges payable after disposal of house by local authority).

• section 444(4) of that Act and section 85(4) of the M1Housing Associations Act 1985 (power to agree to indemnify mortgagee of property disposed of by local authority),

• section 573(1) of the M2Housing Act 1985 (definition of public sector authority for the purposes of assistance for persons having acquired defective housing from such an authority),

• paragraph 7(1) of Schedule 4 to that Act (public sector landlords for purposes of qualifying period for the right to buy),

• section 41(2) of the M3Housing Associations Act 1985 (approval of programme for purposes of housing association grant), and

• section 14(4) of the M4Landlord and Tenant Act 1985 (exclusion of implied repairing obligation in case of lease granted by local authority).

The repeal by this Act of an enactment previously rrepealed subject to savings does not affect the continued operation of those savings.

The repeal by this Act of a saving made on the previous repeal of an enactment does not affect the operation of the saving in so far as it is not specifically reproduced in the consolidating Acts but remains capable of having effect.

Sub-paragraph (2) does not apply to the repeal of paragraph 23(3) of Schedule 1 to the M1Housing Rents and Subsidies Act 1975 (saving for orders under section 80 of the M2Housing Finance Act 1972).

The repeal by this Act of any provision not specifically reproduced in the consolidating Acts does not affect the powers of the Common Council of the City of London.

Sub-paragraph (1) applies in particular to the repeal of the following provisions (which as regards local authorities in general are superseded by provisions of the M1Local Government Act 1972 not applying to the Common Council)—

• section 47 of the M2Housing Act 1957 (treatment of land acquired for clearance), so far as it confers powers of appropriation and disposal, and section 26(5)(a) of the M3Town and Country Planning Act 1959 (consents to disposals) so far as it relates to that section,

• section 137 of that Act (borrowing for purposes of housing operations outside authority’s area),

• section 138 and Schedule 8 of that Act (power to issue local housing bonds), and

• section 35 of the M4Housing Act 1969 (restriction on disposal of land at an undervalue).

Section 112(3) of the M5Housing Act 1957 (confirming authority for byelaws) continues to apply in relation to byelaws made under section 23 of the M6Housing Act 1985 by the Common Council.

Sections 166 to 169 of the Housing Act 1957 (authentication and service of documents) continue to apply in relation to the Common Council.

A reference in a provision of the consolidating Acts to the “proper officer” of a local authority shall be construed in relation to the Common Council of the City of London as a reference to any specific officer of that Council referred to the corresponding provision repealed by this Act.

The repeal by this Act of—

does not affect the powers of any company, association or society in relation to which the provision in question applied before 1st April 1986.

The repeal by this Act of section 47(8) of the Housing (Financial Provisions) Act 1958 (quasi-incorporation of certain bodies for certain housing purposes) does not affect the status of any company, association or society in relation to which the provision applied before 1st April 1986.

The repeal by this Act of section 47(9) of the Housing (Financial Provisions) Act 1958 (borrowing powers of certain housing associations) does not affect the power of any housing association to which that provision applied before 1st April 1986 to raise money on loan at a rate of interest not exceeding that determined by the Treasury for the purposes of the definition of “housing association” in section 1 of the M3Housing Associations Act 1985.

Section 37 of the Housing Act 1980 (effect of assignment or subletting, &c.) as originally enacted shall be deemed never to have applied in relation to the assignment of secure tenancies.

Sub-paragraph (1) does not affect—

This paragraph applies to a conveyance or grant executed in pursuance of Chapter I of Part I of the Housing Act 1980 (the M1right to buy) before 26th August 1984, when Part I of the Housing and Building Control Act 1984 came into force.

Where the conveyance or grant contains the covenant required by section 8(1) of the 1980 Act (repayment of discount on early disposal), the covenant has effect with such modifications as may be necessary to bring it into conformity with the amendments made by section 5 of the 1984 Act.

Where the conveyance or grant contains such a covenant as was mentioned in section 19(1) of the 1980 Act (restriction on disposal of dwelling-houses in National Parks, &c.), the covenant—

This paragraph applies to a conveyance, grant or assignment executed in pursuance of section 104 of the M1Housing Act 1957 or section 122 of the M2Housing Act 1980 (voluntary disposals by local authorities or registered housing associations) before 26th August 1984, when Part I of the M3Housing and Building Control Act 1984 came into force.

Where the conveyance, grant or assignment contains the covenant required by section 104B(2) of the 1957 Act (repayment of discount on early disposal), the covenant has effect with such modifications as may be necessary to bring it into conformity with the amendments made by paragraph 1 of Schedule 6 to the 1984 Act.

Where the conveyance, grant or assignment contains such a covenant as mentioned in section 104C(1) of the 1957 Act (restriction on disposal of dwelling-houses in National Parks, &c), the covenant—

Any statutory provision passed or made before 25th August 1969 referring (in whatever terms) to a house which, or part of which, is let in lodgings or which is occupied by members of more than one family shall continue to have effect as if it referred to a house which is occupied by persons who do not form a single household.

In sub-paragraph (1) “statutory provision” means any provision contained in an Act of Parliament or in any order or other instrument made under an Act of Parliament.

The repeal by this Act of section 7 of the Housing Act 1961 or section 23 of the M1Housing (Financial Provisions) (Scotland) Act 1968 (advances to housing associations providing housing accommodation) does not affect the continued operation of that section in relation to advances or arrangements made before the repeal.

The repeal by this Act of section 34 of the M2Housing Act 1974 (transfer to Housing Corporation of rights of Secretary of State in relation to certain advances) does not affect the rights and obligations transferred by that section.