Section 64 Persons eligible to participate in group repair scheme.I1

England and Wales

(1)

A person is eligible to participate in a group repair scheme if at the date of the approval of the scheme—

(a)

he has an owner’s interest in a dwelling or other premises comprised in a building to which the scheme relates, and

(b)

as respects the dwelling or other premises in which he has an owner’s interest he either—

(i)

is able to give possession of any part of the building to which scheme works are proposed to be carried out, or

(ii)

has the consent of the occupier of that part to the carrying out of those works.

In the case of a scheme not submitted for specific approval, the date of approval shall be taken to be the date on which the authority decide that the scheme fulfils the criteria for general approval.

(2)

A person eligible to participate in a group repair scheme may participate as an assisted participant—

(a)

if the owner’s interest which he has is an interest in a dwelling and he gives an owner-occupation certificate or a certificate of intended letting, or

(b)

if the owner’s interest which he has is an interest in a house in multiple occupation and he gives a certificate of future occupation.

This is subject to the exceptions specified in subsection (7) or by order under that subsection.

(3)

An “owner-occupation certificate” certifies that the person concerned—

(a)

has an owner’s interest in the dwelling, and

(b)

intends that throughout the protected period he, or a member of his family, will live in the dwelling, as his (or that member’s) only or main residence.

(4)

A “certificate of intended letting” certifies that the person concerned—

(a)

has an owner’s interest in the dwelling, and

(b)

intends that throughout the protected period the dwelling will be let or available for letting as a residence and not for a holiday to someone other than a member of his family.

In paragraph (b) “letting” does not include a letting on a long tenancy.

(5)

In subsection (4) references to letting include the grant of a licence to occupy premises.

References in this Chapter to tenants, and other expressions relating to tenancies, in the context of a certificate of intended letting, shall be construed accordingly.

(6)

A “certificate of future occupation” certifies that the person concerned—

(a)

has an owner’s interest in the house, and

(b)

intends that throughout the protected period the house or a part of it (specified in the certificate) will be residentially occupied, or available for residential occupation, under tenancies or licences by persons who are not connected with the owner for the time being of the house.

In paragraph (b) “residential occupation” does not include occupation for a holiday, and “tenancies” does not include a long tenancy.

(7)

The following may not participate in a group repair scheme as an assisted participant—

(a)

a local authority;

(b)

a new town corporation;

F1(c)

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(d)

a F2Strategic Health Authority, health authority, special health authority F3, Primary Care Trust or NHS trust;

F4(e)

a police authority established under section 3 of the Police Act 1996 F5. . . ;

(f)

a housing action trust;

(g)

a registered social landlord;

(h)

any other authority, body or other person excluded by order of the Secretary of State.

(8)

An order under subsection (7)(h) may proceed wholly or in part by reference to the provisions relating to entitlement to housing benefit, or any other form of assistance, as they have effect from time to time.

(9)

A person eligible to participate in a group repair scheme who is unable to participate as an assisted participant may participate as an unassisted participant.

Annotations

Textual amendments

F1: S. 64(7)(c) repealed (1.10.1998) by 1998 c. 38, s. 152, Sch. 18 Pt. IV (with ss. 137(1), 139(2), 143(2)); S.I. 1998/2244, art. 4
F2: Words in s. 64(7)(d) inserted (1.10.2002) by The National Health Service Reform and Health Care Professions Act 2002 (Supplementary, Consequential etc. Provisions) Regulations 2002 (S.I. 2002/2469), regs. 1, 4, Sch. 1 para. 23(3)
F3: Words in s. 64(7)(d) inserted (8.2.2000) by S.I. 2000/90, arts. 1, 3(1), Sch. 1 para. 31(3)
F4: S. 64(7)(e) substituted (1.4.1998) by 1997 c. 50, s. 134(1), Sch. 9 para. 90; S.I. 1998/354, art. 2(2)(ay)
F5: Words in s. 64(7)(e) repealed (1.4.2002) by Criminal Justice and Police Act 2001 (c. 16), ss. 128, 137, 138(2), Sch. 6 para. 80, Sch. 7 Pt. 5(1); S.I. 2002/344, art. 3(k)(m) (with art. 4)

Commencement

I1: S. 64 wholly in force; s. 64 not in force at Royal Assent see s. 150; s. 64 in force for certain purposes at 11.9.1996 by S.I. 1996/2352, art. 2(2); s. 64 in force insofar as not already in force at 17.12.1996 by S.I. 1996/2842, art. 3

Notes on Chapter II

Textual amendments

F1: Pt. 1 Ch. 2 (ss. 60-75) repealed (19.7.2003) by The Regulatory Reform (Housing Assistance) (England and Wales) Order 2002 (S.I. 2002/1860), arts. 1(3), 11(1), 15, Sch. 3 para. 27, Sch. 6 (with art. 11(2))