Local Government and Housing Act 1989 in Scotland
1989 c. 42 · Enacted 16 November 1989 · Extends to England, Wales and Scotland
Contents
- Part I: Local Authority Members, Officers, Staff and Committees etc.
- Political restriction of officers and staff
- 1Disqualification and political restriction of certain officers and staff.
- 2Politically restricted posts.
- 3Grant and supervision of exemptions from political restriction: Scotland and Wales .
- 3AGrant and supervision of exemptions from political restriction: England
- 3BGeneral advice as to politically restricted posts: England
- Duties of particular officers
- 4Designation and reports of head of paid service.
- 5Designation and reports of monitoring officer.
- 6Officer responsible for financial administration of certain authorities.
- Appointment and management etc. of staff
- 7All staff to be appointed on merit.
- 8Duty to adopt standing orders with respect to staff.
- 9Assistants for political groups.
- 10Limit on paid leave for local authority duties.
- 11Confidentiality of staff records.
- 12Conflict of interest in staff negotiations.
- Voting rights of members of certain committees
- 13Voting rights of members of certain committees: England and Wales.
- 14Voting rights of members of certain committees: Scotland.
- Political balance on committees etc.
- 15Duty to allocate seats to political groups.
- 16Duty to give effect to allocations.
- 17Exceptions to and extensions of political balance requirements.
- Allowances
- 18Schemes for basic, attendance and special responsibility allowances for local authority members.
- Members’ interests
- 19Members’ interests. Repealed
- Duty to adopt certain procedural standing orders
- 20Duty to adopt certain procedural standing orders.
- Interpretation of Part I
- 21Interpretation of Part I.
- Part II: Local Government Administration
- 22Advisory Commissioners.
- 23Advice and guidance by Commissions for Local Administration and ScottishCommissioner.
- 24Expenses of Commissions for Local Administration.
- 25Annual reports of Commissions: new provisions.
- 26Implementation of recommendations of Commissioners for Local Administration in England and Wales.
- 27Implementation of recommendations of Commissioner for Local Administrationin Scotland.
- 28Consideration of adverse reports: England and Wales.
- 29Consideration of adverse reports: Scotland.
- 30Declaration of acceptance of office of councillor etc.
- 31National Code of Local Government Conduct. Repealed
- 32Anonymity in reports on investigations.
- Part III: Economic Development and Discretionary Expenditure by Local Authorities
- 36Amendments of existing power to incur discretionary expenditure.
- Introductory
- 40Capital purposes. Repealed
- Charge of expenditure to revenue accounts
- 41Expenditure to be charged to revenue account. Repealed
- Borrowing
- 44Borrowing limits etc. Repealed
- 45The authority’s own limits. Repealed
- 46Register of loan instruments and certain existing loans. Repealed
- 47Security for money borrowed etc. Repealed
- Credit arrangements
- 49Initial and subsequent cost of credit arrangements. Repealed
- 50Limits on powers to enter into credit arrangements. Repealed
- 51Variation of credit arrangements. Repealed
- 52Transitional credit arrangements. Repealed
- Credit approvals
- 53Basic credit approvals. Repealed
- 56Use of credit approvals by local authorities. Repealed
- 57Effect of certain capital grants on credit approvals. Repealed
- Capital receipts
- 58Capital receipts. Repealed
- 59The reserved part of capital receipts. Repealed
- 60The usable balance of capital receipts. Repealed
- 61Capital receipts not wholly in money paid to the authority. Repealed
- Aggregate credit limit
- Amounts set aside to meet credit liabilities
- 64Use of amounts set aside to meet credit liabilities. Repealed
- Supplementary
- 65Information. Repealed
- 72Trusts influenced by local authorities.
- 75The keeping of the Housing Revenue Account.
- 76Duty to prevent debit balance on Housing Revenue Account.
- 77Power to keep Housing Repairs Account.
- 78Directions to secure proper accounting.
- 78ADirections as to treatment of service charges, &c.
- 78BDirections as to accounting for work subject to competitive tendering.
- 80BAgreements to exclude certain authorities or property Repealed
- 84Adjustment of housing subsidy for year 1989-90. Repealed
- 85Power to obtain information. Repealed
- 87AOrders amending Part 6
- 94Power to apply for orders extinguishing right to use vehicles on highway.
- 96Contributions by the Secretary of State.
- 97Powers of entry and penalty for obstruction.
- 98Part VIII of Housing Act 1985.
- Part IX: Miscellaneous and General
- Local Government Finance Act 1988, local finance (Scotland) and block grants
- 140Scottish non-domestic rates: interim provisions. Repealed
- 141. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Repealed
- 142Powers to vary incidence of standard community charge: Scotland. Repealed
- 143Reduced liability for personal community charges: Scotland. Repealed
- 144Community charge grants: Scotland. Repealed
- 145Amendment of Abolition of Domestic Rates Etc. (Scotland) Act 1987 andother enactments: Scotland.
- Charges by certain authorities
- 150Power to allow charges.
- 151Power to amend provisions about charges.
- 152Interpretation, consultation and commencement of ss. 150 and 151.
- 153Charges: temporary traffic signs.
- Miscellaneous local government provisions
- 155Emergency financial assistance to local authorities.
- 157Commutation of, and interest on, periodic payments of grants etc.
- 159Prevention of continuance or recurrence of default of local authority: Scotland.
- Miscellaneous housing provisions
- 161Housing authorities not required to keep a housing stock.
- 166Amendments relating to defective housing.
- 168Contributions towards costs of housing mobility arrangements.
- 170Powers of local authorities and Secretary of State as respects services,etc., for owners and occupiers of houses for work on them: Scotland.
- 171Winding up of home purchase assistance scheme.
- 176Amendment of definition of occupation for purposes of purchase of house by secure tenant: Scotland.
- 177Sale to secure tenants of houses provided for persons of pensionable age: Scotland.
- 178Application of secure tenant’s right to buy to cases where landlord is lessee: Scotland.
- 179Amendment of powers of Scottish Homes to dispose of land.
- 180Race relations: codes of practice in housing field. Repealed
- 181Duty of landlord to inform secure tenant seeking to buy house about changes in law: Scotland.
- Other provisions
- 182. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Repealed
- 185Publication of reports of Controller of Audit: Scotland.
- Supplementary
- 190Regulations.
- 192Financial provisions.
- 194Amendments and repeals.
- 195Short title, commencement and extent.
- Schedule 1: Political Balance on Local Authority Committees etc.
- Bodies to which section 15 applies
- 1Paragraph 1
- 2Paragraph 2
- Construction of sections 15 to 17
- 3Paragraph 3
- 4Paragraph 4
- Supplemental regulation making power
- 5Paragraph 5
- Schedule 2Local Government Act 1972, section 137, as amended Not yet in force
- Part I: Effect of Overspend in 1989-90 on Credit Approvals
- 1Paragraph 1 Repealed
- 2Paragraph 2 Repealed
- 3Paragraph 3 Repealed
- 4Paragraph 4 Repealed
- 5Paragraph 5 Repealed
- Part II: Non-Monetary Consideration received before April 1990
- 6Paragraph 6 Repealed
- 7Paragraph 7 Repealed
- Part III: Credit Ceiling
- 8Paragraph 8 Repealed
- 9Paragraph 9 Repealed
- 10Paragraph 10 Repealed
- 11Paragraph 11 Repealed
- 12Paragraph 12 Repealed
- 13Paragraph 13 Repealed
- 14Paragraph 14 Repealed
- 15Paragraph 15 Repealed
- 16Paragraph 16 Repealed
- 17Paragraph 17 Repealed
- 18Paragraph 18 Repealed
- 19Paragraph 19 Repealed
- 20Paragraph 20 Repealed
- Item 1: rents
- Item 3: Housing Revenue Account subsidy
- Item 4: contributions towards expenditure
- Item 6: transfers from the Housing Repairs Account
- Item 7: reduced provision for bad or doubtful debts
- Item 8: sums calculated as determined by Secretary of State
- Item 10: credit balance from previous year
- Item 1: expenditure on repairs, maintenance and management
- Item 3: rents, rates, taxes and other charges
- Item 5A: sums payable under section 170 of the Localism Act 2011
- Item 5B: sums payable under section 134 of the Housing (Wales) Act 2014
- Item 6: contributions to Housing Repairs Account
- Item 7: provision for bad or doubtful debts
- Item 8: sums calculated as determined by Secretary of State
- Item 9: debit balance from previous year
- Item 10: sums directed by Secretary of State or National Assembly for Wales
- Item 11: payments under section 86 of the Housing and Planning Act 2016
- Balance for year 1989-90
- 1Paragraph 1
- Amenities shared by the whole community
- 3Paragraph 3
- Provision of welfare services
- 3AParagraph 3A
- Land disposed of at less than market value
- 4Paragraph 4
- Adjustment of accounts on appropriation of land
- 5Paragraph 5
- Transfers of housing stock between authorities in London
- 6Paragraph 6
- Contributions in respect of land in certain areas
- 7Paragraph 7
- Part IV: Supplementary Provisions
- Duty to supply information
- 1Paragraph 1
- Directions excluding or modifying statutory provisions
- 2Paragraph 2
- Orders amending statutory provisions
- Introduction
- 1Paragraph 1
- Charges and multipliers
- Non-domestic rating
- 19Paragraph 19
- 20Paragraph 20
- 21Paragraph 21
- 22Paragraph 22
- 23Paragraph 23
- 24Paragraph 24
- 25Paragraph 25
- 26Paragraph 26
- 27Paragraph 27
- 28Paragraph 28
- 29Paragraph 29
- 31Paragraph 31
- 32Paragraph 32
- 33Paragraph 33 Repealed
- 34Paragraph 34
- 35Paragraph 35
- 36Paragraph 36
- 38Paragraph 38
- 39Paragraph 39
- 40Paragraph 40
- 41Paragraph 41
- 42Paragraph 42
- 44Paragraph 44
- 45Paragraph 45
- 46Paragraph 46
- 47Paragraph 47
- 48Paragraph 48
- Precepts and levies
- Grants
- 57Paragraph 57
- Funds
- 62Paragraph 62
- Financial administration
- 66Paragraph 66
- Existing rates
- 67Paragraph 67
- Information
- 68Paragraph 68
- England and Wales: separate administration
- 69Paragraph 69
- Payments
- Orders and regulations
- 72Paragraph 72
- Relevant population
- Information
- 75Paragraph 75
- Tribunals
- General
- 79Paragraph 79
- 80Paragraph 80
- Schedule 6: Amendment of Scottish Enactments
- Valuation appeals to Lands Tribunal for Scotland
- 1Paragraph 1
- 2Paragraph 2
- Rateable value of certain buildings used for breeding or rearing horses
- 3Paragraph 3
- 4Paragraph 4
- Application of regulations about determination of net annual value
- 5Paragraph 5
- Rateable value for purposes of levying rates after 1st April 1990
- 6Paragraph 6
- 7Paragraph 7
- Exemption of church premises from the non-domestic rate
- 8Paragraph 8 Repealed
- Extension of charitable rate relief to universities
- 9Paragraph 9
- Duty to notify registration officer about liability for collective community charge
- 10Paragraph 10 Repealed
- Interest not payable on back dated liability for community charges where there is reasonable excuse for non-registration
- 11Paragraph 11 Repealed
- Exemption from personal community charge
- 12Paragraph 12 Repealed
- 13Paragraph 13 Repealed
- 14Paragraph 14 Repealed
- 15Paragraph 15 Repealed
- Liability for non-domestic water rate
- 16Paragraph 16
- Premises in respect of which non-domestic water rate is leviable
- 17Paragraph 17
- Exemption of formula valued premises from non-domestic water rate
- 18Paragraph 18
- 19Paragraph 19
- Liability for non-domestic sewerage rate
- 20Paragraph 20 Repealed
- Reduced liability for non-domestic sewerage rate in respect of certain church and charity premises
- 21Paragraph 21 Repealed
- Public inspection of community charges register
- 22Paragraph 22 Repealed
- Exclusion from voting disability of local authority members who are community charge payers
- 23Paragraph 23 Repealed
- Revocation of civil penalties imposed by registration officer
- 24Paragraph 24 Repealed
- Evidence in appeals under Abolition of Domestic Rates Etc. (Scotland) Act 1987
- 25Paragraph 25 Repealed
- No liability for community water charges where water previously supplied free
- 26Paragraph 26 Repealed
- Provision of information by registration officer
- 27Paragraph 27 Repealed
- Revenue support grants
- 28Paragraph 28 Repealed
- 29Paragraph 29 Repealed
- 1Paragraph 1
- 2Paragraph 2
- 3Paragraph 3
- 4Paragraph 4
- 5Paragraph 5
- 1Paragraph 1 Repealed
- 2Paragraph 2 Repealed
- 3Paragraph 3 Repealed
- 4Paragraph 4 Repealed
- 5Paragraph 5 Repealed
- 6Paragraph 6 Repealed
- 7Paragraph 7 Repealed
- 8Paragraph 8 Repealed
- 9Paragraph 9 Repealed
- 10Paragraph 10 Repealed
- 11Paragraph 11 Repealed
- 12Paragraph 12 Repealed
- 13Paragraph 13 Repealed
- 24Paragraph 24
- 26Paragraph 26
- 27Paragraph 27
- 28Paragraph 28
- 30Paragraph 30
- 31Paragraph 31
- 34Paragraph 34
- 35Paragraph 35
- 37Paragraph 37
- 38Paragraph 38
- 39Paragraph 39
- 40Paragraph 40
- 41Paragraph 41
- 44Paragraph 44 Repealed
- 48Paragraph 48 Repealed
- 49Paragraph 49 Repealed
- 50Paragraph 50 Repealed
- 51Paragraph 51 Repealed
- 52Paragraph 52 Repealed
- 54Paragraph 54 Repealed
- 56Paragraph 56 Repealed
- 57Paragraph 57 Repealed
- 58Paragraph 58 Repealed
- 59Paragraph 59 Repealed
- 60Paragraph 60 Repealed
- 61Paragraph 61 Repealed
- 62Paragraph 62 Repealed
- 64Paragraph 64 Repealed
- 65Paragraph 65 Repealed
- 67Paragraph 67 Repealed
- 68Paragraph 68 Repealed
- 69Paragraph 69 Repealed
- 70Paragraph 70 Repealed
- 71Paragraph 71 Repealed
- Part IV: Amendments of Part XVII
- 72Paragraph 72
- 73Paragraph 73
- 74Paragraph 74
- 76Paragraph 76
- 77Paragraph 77
- 78Paragraph 78
- 79Paragraph 79
- 80Paragraph 80
- 81Paragraph 81
- 82Paragraph 82
- Part V: Amendments of Part XVIII
- 85Paragraph 85
- 87Paragraph 87
- 88Paragraph 88
- 89Paragraph 89
- 90Paragraph 90
- 91Paragraph 91
- Preliminary
- 1Paragraph 1
- 1AParagraph 1A
- 2Paragraph 2
- Continuation of long residential tenancies
- 3Paragraph 3
- Termination of tenancy by the landlord
- 4AParagraph 4A
- Interim rent
- 7Paragraph 7
- Termination of tenancy by the tenant
- 8Paragraph 8
- The assured periodic tenancy or periodic standard contract
- 9Paragraph 9
- Initial rent under and terms of assured periodic tenancy or periodic standard contract
- 10Paragraph 10
- 12Paragraph 12
- Landlord’s application for possession
- 13Paragraph 13
- 14Paragraph 14
- Provisions where tenant not ordered to give up possession
- 15Paragraph 15
- Tenancies granted in continuation of long tenancies
- 16Paragraph 16
- Agreements as to the grant of new tenancies
- 17Paragraph 17
- Assumptions on which to determine future questions
- 18Paragraph 18
- Landlords and mortgagees in possession
- 19Paragraph 19
- Application of other provisions of the 1954 Act
- 20Paragraph 20
- 21Paragraph 21
- Crown application
- 22Paragraph 22
- Schedule 11: Minor And Consequential Amendments
- The Small Holdings and Allotments Act 1908
- 2Paragraph 2
- The Prevention of Corruption Act 1916 Not yet in force
- 3Paragraph 3 Not yet in force
- The Education Act 1944
- 4Paragraph 4 Repealed
- The Sexual Offences Act 1956
- 5Paragraph 5
- The Public Works Loans Act 1965
- 6Paragraph 6 Repealed
- The Public Works Loans Act 1967
- 7Paragraph 7 Repealed
- The Leasehold Reform Act 1967
- 8Paragraph 8
- 9Paragraph 9
- 10Paragraph 10
- 11Paragraph 11
- 12Paragraph 12
- 13Paragraph 13
- The International Organisations Act 1968
- 14Paragraph 14
- The Social Work (Scotland) Act 1968 Not yet in force
- 15Paragraph 15 Not yet in force
- The Transport Act 1968
- 16Paragraph 16
- The Local Authority Social Services Act 1970 Not yet in force
- 17Paragraph 17 Not yet in force
- 18Paragraph 18 Not yet in force
- The Town and Country Planning Act 1971
- 19, 20Paragraph 19, 20 Repealed
- The Local Government Act 1972
- 21Paragraph 21 Not yet in force
- 22Paragraph 22
- 23Paragraph 23
- 24Paragraph 24 Not yet in force
- 25Paragraph 25 Not yet in force
- 30Paragraph 30
- The Land Compensation Act 1973
- 31Paragraph 31
- 32Paragraph 32
- The Local Government (Scotland) Act 1973
- 33Paragraph 33 Repealed
- 34Paragraph 34
- 35Paragraph 35
- 36Paragraph 36 Not yet in force
- The Local Government Act 1974
- 37Paragraph 37 Repealed
- 38Paragraph 38
- 39Paragraph 39
- 40Paragraph 40
- 41Paragraph 41
- The Housing Act 1974
- 42Paragraph 42
- The Local Government (Scotland) Act 1975
- 43Paragraph 43
- 44Paragraph 44
- 45Paragraph 45
- 46Paragraph 46
- The Local Government (Miscellaneous Provisions) Act 1976
- 47Paragraph 47
- 48Paragraph 48
- The Rent (Agriculture) Act 1976
- 49Paragraph 49
- 50Paragraph 50
- The Rent Act 1977
- 52Paragraph 52
- 53Paragraph 53
- The Protection from Eviction Act 1977
- 54Paragraph 54
- The Education (Scotland) Act 1980 Not yet in force
- 55Paragraph 55 Not yet in force
- The Local Government, Planning and Land Act 1980 Not yet in force
- 56Paragraph 56 Not yet in force
- 57Paragraph 57 Not yet in force
- ...
- 58Paragraph 58 Repealed
- The Stock Transfer Act 1982
- 59Paragraph 59 Repealed
- The County Courts Act 1984 Not yet in force
- 60Paragraph 60 Not yet in force
- Rent (Scotland) Act 1984
- 61Paragraph 61
- The Housing Act 1985
- 62Paragraph 62
- 63Paragraph 63
- 64Paragraph 64
- 65Paragraph 65
- 66Paragraph 66
- 67Paragraph 67
- 68Paragraph 68
- 69Paragraph 69
- 70Paragraph 70
- 71Paragraph 71
- 72Paragraph 72
- 73Paragraph 73
- 74Paragraph 74
- 75Paragraph 75 Repealed
- 76Paragraph 76 Repealed
- 77Paragraph 77
- 78Paragraph 78
- 79Paragraph 79
- 80Paragraph 80
- 81Paragraph 81
- 82Paragraph 82 Repealed
- 83Paragraph 83
- 84Paragraph 84
- 85Paragraph 85
- 86Paragraph 86
- 87Paragraph 87
- 88Paragraph 88
- The Landlord and Tenant Act 1985
- 89Paragraph 89
- 90Paragraph 90
- 91Paragraph 91
- The Education Act 1986 Not yet in force
- 92Paragraph 92
- The Housing (Scotland) Act 1987
- 93Paragraph 93
- 94Paragraph 94
- 95Paragraph 95 Repealed
- The Local Government Act 1988
- 96Paragraph 96
- 97Paragraph 97 Not yet in force
- The Education Reform Act 1988 Not yet in force
- 98Paragraph 98 Not yet in force
- The Housing (Scotland) Act 1988
- 99Paragraph 99
- 100Paragraph 100
- The Housing Act 1988
- 101Paragraph 101
- 102Paragraph 102
- 103Paragraph 103
- 104Paragraph 104
- 105Paragraph 105
- 106Paragraph 106
- 107Paragraph 107 Repealed
- 108Paragraph 108
- 109Paragraph 109 Repealed
- 110Paragraph 110
- 111Paragraph 111
- 112Paragraph 112
- The Social Security Act 1989
- 113Paragraph 113 Repealed
- Schedule 12: Enactments Repealed
- IIOther Repeals