Housing Act 1985

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.