Housing Act 1985

PART III Supplementary Provisions with Respect to Matters Arising Before 1972

Land acquired for re-development.

1 The reference in section 417(1) (d) to land acquired for the purposes of Part II includes—

(a) land which a local authority were deemed to have acquired under Part V of the [1957 c. 56.] Housing Act 1957 by virtue of section 57(6) of that Act (land acquired for re-development in pursuance of re-development plan) before the repeal of that section on 25th August 1969, and

(b) any structures on such land which were made available to a local authority under section 1 of the [1944 c. 36.] Housing (Temporary Accommodation) Act 1944 (prefabs).

Houses and other property brought within the account under s. 50 of the [1958 c. 42.] Housing (Financial Provisions) Act 1958.

2 The houses and other property within an authority’s Housing Reveneue Account include any property brought within the account before 10th August 1972—

(a) with the consent of a Minister given under section 50(1)(e) of the Housing (Financial Provisions) Act 1958, or

(b) by virtue of section 50(2) of that Act (houses vesting in local authority on default of another person).

Income arising from balance left on abolition of Housing Equalisation Account.

3 (1) For each year the authority shall carry to the credit of the Housing Revenue Account amounts equal to any income, and receipts in the nature of income, arising to the authority for the year from the investment of other use of money representing a sum treated as a capital receipt in pursuance of paragraph 4 of Schedule 10 to the [1972 c. 47.] Housing Finance Act 1972 (balance left at 31st March 1972 on abolition of Housing Equalisation Account).

(2) In complying with the requirements of this paragraph the authority shall act in accordance with any directions which may be given by the Secretary of State.

(3) Any such directions may be varied or revoked by further directions.

Housing provided on or before 6th February 1919.

4 References in section 417 (the Housing Revenue Account) or this Schedule to property provided under Part II (provision of housing) do not include property provided on or before 6th February 1919.

Money borrowed for the execution of works assisted under the Housing (Rural Workers) Act 1926.

5 Section 417(4) (investment income to be carried to Housing Revenue Account), and item 1 of Part II of this Schedule (loan charges to be debited to the account) apply to money borrowed for the execution of works in respect of which, before 10th August 1972—

(a) a Minister made a contribution under section 4(2A) of the [1926 c. 56.] Housing (Rural Workers) Act 1926, or

(b) the local authority for the purposes of that Act gave assistance under that Act,

as they apply to money borrowed for the provision of housing accommodation under Part II.

Adjustments affecting the account.

6 (1) Where, but for the coming into force of the Housing Finance Act 1972, a correction of a Housing Revenue Account for the year 1971-72 or any earlier year would have been effected by entering a credit or debit in the account for the year 1972-73 or any later year, the correction shall be made notwithstanding the provisions of this Act as to the nature of the credits or debits to be entered in the account.

(2) Any direction given under section 24 of the [1959 c. 53.] Town and Country Planning Act 1959 (adjustment of accounts on appropriation of land) concerning the Housing Revenue Account of a local authority shall apply in relation to the account to be kept under this Act as it would have applied to the account to be kept under the [1958 c. 42.] Housing (Financial Provisions) Act 1958.

Proceeds from certain demolitions.

7 (1) The authority shall credit to the account an amount equal to the net proceeds for the year derived by the authority from any demolition of—

(a) structures made available to a local authority under section 1 of the [1944 c. 36.] Housing (Temporary Accommodation) Act 1944 (prefabs),

(b) buildings demolished upon ceasing to be used for the purpose of providing housing accommodation in pursuance of arrangements approved before 10th August 1972 under section 16 of the [1958 c. 42.] Housing (Financial Provisions) Act 1958 (use of war buildings for temporary housing accommodation), or

(c) houses to which section 92 of the [1964 c. 56.] Housing Act 1964 applied before its repeal on 10th August 1972 (aluminium "B.2' houses).

(2) In this paragraph “net proceeds” means the sums realised by the authority by the disposal of materials derived from the demolished building or structure, after deducting the cost of the demolition and any cost incurred in reinstating the site of the building or structure.