Local Government and Housing Act 1989

127 Group repair schemes and persons eligible to participate. E+W

(1) In accordance with a scheme under this section prepared by a local housingauthority and approved by the Secretary of State, the authority may, with theconsent of the persons participating in the scheme, enter into agreements tosecure the carrying out of such external works to qualifying buildings towhich the scheme relates as will ensure that, on completion of the works, theexterior of those buildings will be in reasonable repair; and in this Partsuch a scheme is referred to as a “group repair scheme".

(2) The approval of the Secretary of State under subsection (1) above may begiven either to a specific scheme or generally to schemes which fulfil suchcriteria as he may from time to time specify; and any such approval may bemade conditional upon compliance with requirements specified by him.

(3) Every person who, at the date of the approval of the scheme, has anowner’s interest in a dwelling or other premises comprised in a building towhich a group repair scheme relates and who fulfils the conditions insubsection (5) below is eligible to participate in the scheme as an assistedparticipant unless that person is—

(a) the council of a county, [F1 county borough]district or London borough, the Common Councilof the City of London or the Council of the Isles of Scilly;

(b) a development corporation or the Commission for the New Towns;

(c) the Development Board for Rural Wales;

(d) a housing action trust; or

[F2 (e) a registered social landlord.]

(4) Any of the bodies specified in paragraphs (a) to (e) of subsection (3)above which has an owner’s interest in a dwelling or other premises comprisedin a building to which a group repair scheme relates is eligible toparticipate in the scheme as an unassisted participant.

(5) The conditions referred to in subsection (3) above are—

(a) that, as respects the dwelling or other premises in which he has anowner’s interest, the person concerned either is able to give possession ofany part of the building to which external works are proposed to be carriedout or has the consent of the occupier of that part to the carrying out ofthose works; and

(b) that, if the owner’s interest which he has is an interest in a dwellingand this paragraph is not excluded by subsection (6) below, he gives acertificate of future occupation which falls within subsection (2) orsubsection (4) of section 106 above; and

(c) that, if the owner’s interest which the person concerned has is aninterest in a house in multiple occupation and that person is not a charityor the trustee of a charity, he gives a certificate under section 106(7)above.

(6) Paragraph (b) of subsection (5) above does not apply if—

(a) the person concerned is a charity or the trustee of a charity; or

(b) the dwelling is the residence house of an ecclesiastical benefice.

(7) If the Secretary of State so directs in the case of any scheme or anydescription of scheme, such of the provisions of this section and sections 128to 130 below as are specified in the direction shall not apply in relation tothat scheme or, as the case may be, in relation to a scheme of thatdescription.

(8) Section 99 above applies to the power to give directions under subsection(7) above as it applies to a power to give directions under Part VII of thisAct.

Textual Amendments

F1 Words in s. 127(3)(a) inserted (1.4.1996) by 1994 c. 19, s. 22(2), Sch. 8 para. 10(2) (with ss. 54(5)(7), 55(5), Sch. 17 para. 22(1), 23(2)); S.I. 1996/396, art. 3 Sch. 1

F2 S. 127(3)(a) substituted (1.10.1996) by S.I. 1996/2325, art. 5(1), Sch. 2 para. 19(4)