Housing Act 1985

Section 299.

SCHEDULE 11 Rehabilitation Orders

PART I The Making of the Order and its Effect

Introductory.

1 (1) This Schedule applies to a house comprised in a clearance area which—

(a) was purchased under section 290 (acquisition of land for clearance), by agreement or compulsorily, before 2nd December 1974, or

(b) is subject to a compulsory purchase order made under that section before that date and confirmed before 2nd March 1975.

(2) In the case of a clearance area comprising houses within sub-paragraph (1)(a) or (b), this Schedule also applies to houses included in it by virtue of section 293 (local housing authority’s own property).

(3) In this Schedule “land liable to be cleared”, in relation to a clearance area, means—

(a) land in the clearance area,

(b) land surrounded by or adjoining the clearance area for whose purchase a resolution under section 290(2) has been passed (whether or not it has been so purchased), and

(c) land to which the provisions of this Part relating to clearance areas apply by virtue of section 293 (local housing authority’s own property),

but does not include land subject to a clearance order made and confirmed under section 44 of the [1957 c. 56.] Housing Act 1957 before the repeal of that provision on 9th October 1979.

Power to make rehabilitation order.

2 (1) Where a house to which this Schedule applies—

(a) was included in the clearance area by reason of its being unfit for human habitation, and

(b) in the opinion of the local housing authority is capable of being, and ought to be, improved to the full standard,

the authority may make and submit to the Secretary of State a rehabilitation order in relation to the house.

(2) In addition to applying to such a house, the order may, if the authority think fit, be made to apply to other land liable to be cleared.

(3) Where the owner of a house to which this Schedule applies and which was included in the clearance area by reason of its being unfit for human habitation requests the local housing authority to make a rehabilitation order in respect of the house and they refuse to do so, they shall give him in writing the reasons for their refusal.

Clearance procedure suspended on making of order.

3 (1) Where the local housing authority have made a rehabilitation order they shall not—

(a) serve notice to treat under section 5 of the [1965 c. 56.] Compulsory Purchase Act 1965 in respect of land included in a compulsory purchase order made and confirmed by virtue of section 290 which includes land in relation to which a notice is required to be served under paragraph 10 below (notice of intention to submit order for confirmation), or

(b) demolish, without the consent of the Secretary of State, any building on land in relation to which such a notice is required to be served,

until after the date on which the notice becomes operative or, as the case may be, on which confirmation of the order is refused.

(2) No account shall be taken for the purposes of section 4 of the Compulsory Purchase Act 1965 (time limit for completing compulsory purchase) of any period during which an authority are prevented by sub-paragraph (1) from serving a notice to treat under section 5 of that Act.

Principal effects of rehabilitation order.

4 (1) On the date on which a rehabilitation order becomes operative, the local housing authority cease to be subject to any duty under this Part to demolish or secure the demolition of buildings on the land.

(2) The authority shall then take such steps as are necessary—

(a) to restore the house so as to provide one or more dwellings to the full standard, or

(b) where the house is not vested in the authority, to ensure that the house is restored with that object.

(3) The authority may accept undertakings for the purposes of sub-paragraph (2)(b) from the owner of the house, or any other person who has or will have an interest in it, concerning the works to be carried out to restore the house and the time within which the works are to be carried out.

Other effects of rehabilitation order.

5 (1) This paragraph applies where a rehabilitation order becomes operative in respect of land included in a compulsory purchase order made and confirmed by virtue of section 290 (acquisition of land for clearance).

(2) If at the date on which the rehabilitation order becomes operative—

(a) no interest in the land has vested in the local housing authority, and

(b) they have not served a notice to treat under section 5 of the [1965 c. 56.] Compulsory Purchase Act 1965 in respect of any interest in the land.

the compulsory purchase order ceases to have effect in relation to the land and if the land is included in a clearance area it ceases to be so included.

(3) Where sub-paragraph (1) does not apply the compulsory purchase order has effect in relation to any interest in the land which has not vested in the authority at the date on which the rehabilitation order becomes operative—

(a) in so far as it relates to a house, as if made and confirmed under Part II (provision of housing), and

(b) in so far as it relates to land other than a house, as if made and confirmed under Part VI of the [1971 c. 78.] Town and Country Planning Act 1971 (planning purposes).

6 Where a rehabilitation order becomes operative in respect of land and an interest in the land comprised in the order is vested in the local housing authority, the interest shall be treated—

(a) in the case of an interest in a house, as appropriated to the purposes of Part II (provision of housing), and

(b) in the case of any other interest, as appropriated to the purposes of Part VI of the Town and Country Planning Act 1971.

7 (1) A rehabilitation order may be made and confirmed notwithstanding that the effect of the order in excluding land from a clearance area is to sever the area into two or more separate and distinct areas.

(2) In such a case the provisions of this Act relating to the effect of a compulsory purchase order when confirmed, and to the proceedings to be taken after confirmation of such an order, apply as if those areas formed one clearance area.

8 Where a rehabilitation order becomes operative in respect of land and its effect is to exclude from the clearance area land adjoining a general improvement area, the land shall be included in the general improvement area unless the Secretary of State otherwise directs.

PART II Procedural Matters

The form of the order.

9 A rehabilitation order shall be made in the prescribed form and shall describe, by reference to a map—

(a) the houses to which it applies and which were included in the clearance area by reason of their being unfit for human habitation,

(b) any other land to which it applies, and

(c) any land not within paragraph (a) or (b) in respect of which notice is required to be served under paragraph 10.

Notices to be given.

10 (1) Before submitting a rehabilitation order to the Secretary of State the local housing authority shall, except so far as the Secretary of State directs otherwise, comply with the following provisions.

(2) They shall publish in one or more newspapers circulating in their district a notice in the prescribed form—

(a) stating that the rehabilitation order has been made,

(b) describing the land to which it applies, and

(c) naming a place where a copy of the order and its accompanying map may be seen at all reasonable hours.

(3) They shall serve on every person mentioned in sub-paragaph (4) a notice in the prescribed form stating—

(a) the effect of the rehabilitation order,

(b) that it is about to be submitted to the Secretary of State for confirmation, and

(c) the time within which and the manner in which objections to the order can be made.

(4) The persons to whom notice must be given are—

(a) every person on whom notice was served of the making under this Part of a compulsory purchase order which at the date of its confirmation included land subsequently comprised in the rehabilitation order;

(b) every successor in title of such a person;

(c) every owner, lessee and occupier of land liable to be cleared, other than a tenant for a month or a period less than a month;

(d) mortgagees of such land, so far as it is reasonably practicable to ascertain them; and

(e) every person on whom notice would have been required to be served under paragraph (c) or (d) but whose interest has been acquired under section 290 (acquisition of land for clearance) since the clearance area was declared.

(5) A notice under this paragraph shall be accompanied by a statement of the grounds on which the authority are seeking confirmation of the order.

Confirmation of the order.

11 (1) If no objection is duly made by any of the persons on whom notices are required to be served under paragraph 10, or if all objections so made are withdrawn, the Secretary of State may confirm the order with or without modifications.

(2) If an objection duly made is not withdrawn, the Secretary of State shall, before confirming the order, either—

(a) cause a public local inquiry to be held, or

(b) afford to every person by whom an objection has been duly made and not withdrawn an opportunity of appearing before and being heard by a person appointed by the Secretary of State for the purpose.

(3) After considering any objection not withdrawn and the report of the person who held the inquiry or was appointed under sub-paragraph (2), the Secretary of State may confirm the order with or without modifications.

(4) The Secretary of State may require a person who has made an objection to state the grounds of the objection in writing, and may disregard the objection if he is satisfied that it relates exclusively to matters which can be dealt with by the tribunal by whom any compensation is to be assessed.

(5) The Secretary of State’s power to modify a rehabilitation order includes power, subject to sub-paragraph (6), to extend it to any land liable to be cleared.

(6) The Secretary of State shall not extend the application of a rehabilitation order to any land unless he has served on the following persons—

(a) the authority who make the order,

(b) every owner, lessee and occupier of the land, except a tenant for a month or a period less than a month, and

(c) every mortgagee of any of the land who it is reasonably practicable to ascertain,

a notice stating the effect of his proposals, and has afforded them an opportunity to make their views known.

Notice of confirmation of the order.

12 (1) So soon as may be after the order has been confirmed by the Secretary of State, the local housing authority shall comply with the following provisions.

(2) They shall publish in a newspaper circulating in their district a notice in the prescribed form—

(a) stating that the order has been confirmed, and

(b) naming a place where a copy of the order as confirmed and of the map referred to in the order may be seen at all reasonable hours.

(3) They shall serve a like notice on—

(a) every person who, having given notice to the Secretary of State of his objection to the order, appeared at the public local inquiry or before the appointed person in support of his objection, and

(b) every person on whom the Secretary of State served notice under paragraph 11(6) (notice of proposal to confirm order with modification extending its operation).

Challenge to validity of order.

13 (1) If a person aggrieved by the order desires to question its validity on the ground—

(a) that it is not within the powers of this Act, or

(b) that any requirement of this Act has not been complied with,

he may within six weeks after publication of the notice of confirmation make an application for the purpose to the High Court.

(2) Where such an application is duly made, the court may by interim order suspend the operation of the order, either generally or in so far as it affects property of the applicant until the final determination of the proceedings.

(3) If on the hearing of the application the court is satisfied—

(a) that the order is not within the powers of this Act, or

(b) that the interests of the applicant have been substantially prejudiced by any requirement of this Act not having been complied with,

the court may quash the order, either generally or in so far as it affects property of the applicant.

(4) No appeal lies to the House of Lords from a decision of the Court of Appeal in proceedings under this paragraph except by leave of the Court of Appeal.

(5) Subject to the provisions of this paragraph, the order shall not be questioned in any legal proceedings whatsoever, either before or after the order is confirmed.

Notice of order having become operative.

14 (1) The order becomes operative (subject to any order under paragraph 13) at the expiration of six weeks from the date on which notice of confirmation of the order is published in accordance with paragraph 12.

(2) So soon as may be after the order has become operative the local housing authority shall serve a copy of the notice on every person on whom a notice was served by them of their intention to submit the order to the Secretary of State for confirmation.