Housing Act 1980

Section 109.

SCHEDULE 13 General Improvement Areas and Housing Action Areas

General improvement areas

1 (1) In Part II of the 1969 Act section 28 (for which subsection (1) of section 50 of the 1974 Act substituted the two sections set out in Part I of Schedule 5 to that Act) is restored as originally enacted, but with the substitution in subsection (1) of the words " can most appropriately be improved " for the original "ought to be improved".

(2) Sub-paragraph (1) above does not affect the operation of the sections so substituted in any case where a preliminary resolution under the first of those sections was passed before the commencement of this Schedule.

2 Subsections (2) to (4) of subsection 50 of the 1974 Act (termination by Secretary of State of status of general improvement area) shall cease to have effect.

3 In relation to any resolution passed by a local authority after the commencement or this Schedule section 30 of the 1969 Act (changes with respect to general improvement areas) shall have effect with the omission of the words " but such a resolution shall be of no effect unless approved by the Minister ".

4 In section 35 of the 1969 Act (disposal and appropriation of land)—

(a) subsections (1), (3), (5) and (7) are hereby repealed ;

(b) in subsection (2) for the words from the beginning to " without his consent" there are substituted the words " Where any land is vested in a local authority for the purposes of this Part of this Act they shall not, without the consent of the Secretary of State ";

(c) in subsection (4) the words "the consent of the Minister under subsection (2) of this section " are hereby repealed; and

(d) in subsection (6) the words from "with the approval" to " particular case " are hereby repealed.

5 For section 37 of the 1969 Act (contributions to local authority expenditure incurred under Part II) there is substituted the following section:—

“37 (1) The Secretary of State may pay contributions to a local authority towards such expenditure incurred by them under this Part of this Act as he may determine.

(2) A contribution under this section shall be a sum payable annually for a period of 20 years beginning with the financial year in which the expenditure towards which the contribution is made is incurred and that sum shall be equal to one-half of the annual loan charges referable to that expenditure.

(3) The aggregate of the expenditure towards which contributions may be made under this section with respect to any general improvement area shall not exceed the sum arrived at by multiplying £400 by the number of dwellings stated by the local authority under the preceding provisions of this Part of this Act to be in the area; but two adjoining general improvement areas may for the purposes of this subsection be treated as one.

(4) The Secretary of State may, with the consent of the Treasury, by order substitute, in subsection (2) above, another fraction for one-half and, in subsection (3) above, another amount for £400; and he may, with the consent of the Treasury, direct that, in the case of a general improvement area specified in the direction or of a general improvement area of a description so specified, subsections (2) and (3) above shall have effect as if a higher fraction or a greater amount were substituted for the fraction or amount for the time being specified therein.

(5) An order under subsection (4) above shall be made by statutory instrument which shall be subject to annulment in pursuance of a resolution of the House of Commons.”

6 In section 38 of the 1969 Act after the word " Where " there are inserted the words " any contribution has been paid under section 37 of this Act towards " and the words from "has been approved " to " this Act" are omitted.

Housing action areas

7 In relation to any resolution passed by a local authority after the commencement of this Schedule, section 38(2)(a) of the 1974 Act (incorporation of general improvement area or part thereof into housing action area) shall have effect with the omission of the words " and approved by the Secretary of State ".

8 Section 42 of the 1974 Act (duty to inform Secretary of State of action taken) shall cease to have effect.

9 (1) Section 45 of the 1974 Act is amended as follows.

(2) For subsection (1) there is substituted the following subsection:—

“(1) For the purpose of improving the amenities in a housing action area, the local authority may—

(a) carry out on any land belonging to them works other than works to the interior of housing accommodation ; and

(b) give assistance in accordance with this section towards the carrying out of such works by others ;

and works which may be carried out or towards the carrying out of which assistance may be given under this section are in this section referred to as " environmental works ".”

(3) For subsection (3) there is substituted the following subsection:—

“(3) No assistance may be given under subsection (1) above towards works in respect of which an application for a grant under Part VII of this Act has been approved.”

10 (1) For section 46 of the 1974 Act there is substituted the following section: —

“46 (1) The Secretary of State may pay contributions to local authorities in respect of such expenditure incurred by them under section 45(1) above as he may determine.

(2) A contribution under this section shall be a sum payable annually for a period of 20 years beginning with the financial year in which the expenditure towards which the contribution is made is incurred and that sum shall be equal to one-half of the annual loan charges referable to that expenditure.

(3) For the purposes of subsection (2) above, the annual loan charges referable to any expenditure are the annual sum that, in the opinion of the Secretary of State, would fall to be paid by the local authority for the repayment of principal and payment of interest on a loan repayable over 20 years of an amount equal to the expenditure.

(4) The aggregate of the expenditure towards which contributions may be made under this section with respect to any housing action area shall not exceed the sum arrived at by multiplying £400 by the aggregate of the number of dwellings, houses in multiple occupation and hostels stated by the local authority, in accordance with section 36(4)(c) above, to be in the area ; but two adjoining housing action areas may for the purposes of this subsection be treated as one.

(5) The Secretary of State may, with the consent of the Treasury, by order substitute, in subsection (2) above, another fraction for one-half and, in subsection (4) above, another amount for £400 ; and he may, with the consent of the Treasury, direct that, in the case of a housing action area specified in the direction or of a housing action area of a description so specified, subsections (2) and (4) above shall have effect as if a higher fraction or a greater amount were substituted for the fraction or amount for the time being specified therein.

(6) An order under subsection (5) above shall be made by statutory instrument which shall be subject to annulment in pursuance of a resolution of the House of Commons.

(7) Where a contribution has been paid under this section towards any expenditure, neither the expenditure nor the contribution shall be carried to the authority's Housing Revenue Account except with the consent of the Secretary of State."”