Leasehold Reform, Housing and Urban Development Act 1993

Expenses on defective housing E+W

138 Contributions in respect of certain post-March 1989 expenses. E+W

(1) In section 157 of the M1 Local Government and Housing Act 1989 (commutation of and interest on periodic payments of grants etc.), in subsection (8) (which changes certain contributions under section 569 of the 1985 Act from annual payments to lump sums), for paragraph (b) there shall be substituted the following paragraph—

“(b) so much of any contributions in respect of an expense incurred on or after 1st April 1989 and before 1st April 1990 as have not been made before 1st April 1990”.

(2) This section shall be deemed to have come into force on 1st January 1993.

Marginal Citations

M1 1989 c. 42.

139 Contributions in respect of certain pre-April 1989 expenses. E+W

(1) Where—

(a) before 1st April 1989 a local housing authority incurred any such expense as is referred to in subsection (1) of section 569 of the 1985 Act (assistance by way of reinstatement grant, repurchase or payments for owners of defective housing); and

(b) before 1st January 1993, the Secretary of State has not made in respect of that expense any contribution of such a description as is referred to in subsection (2) of that section, as amended by section 157(8) of the Local Government and Housing Act 1989 (single commuted contributions),

any contributions in respect of that expense which are made under section 569 on or after 1st January 1993 shall be annual payments calculated and payable in accordance with the following provisions of this section.

(2) The amount of the annual payment in respect of any relevant financial year shall be a sum equal to the relevant percentage of the annual loan charges referable to the amount of the expense incurred.

(3) Notwithstanding that annual loan charges are calculated by reference to a 20 year period, annual payments made by virtue of this section shall be made only in respect of relevant financial years ending at or before the end of the period of 20 years beginning with the financial year in which, as the case may be—

(a) the work in respect of which the reinstatement grant was payable was completed;

(b) the acquisition of the interest concerned was completed; or

(c) the payment referred to in subsection (1)(c) of section 569 was made.

(4) Subsections (3) and (4) of section 569 (which determine the relevant percentage and the amount of the expense incurred) apply for the purposes of the preceding provisions of this section as they apply for the purposes of that section.

(5) Nothing in this section affects the operation of subsection (6) of section 569 (terms etc. for payment of contributions).

(6) In this section—

• “the annual loan charges referable to the amount of the expense incurred” means the annual sum which, in the opinion of the Secretary of State, would fall to be provided by a local housing authority for the payment of interest on, and the repayment of, a loan of that amount repayable over a period of 20 years;

• “relevant financial year” means the financial year beginning on 1st April 1991 and each successive financial year.

(7) This section shall be deemed to have come into force on 1st January 1993.