Housing Act 1974

40 (1) In section 39 of the 1973 Act (duty to rehouse residential occupiers) in paragraph (c) of subsection (1) after the words " the carrying out of " there shall be inserted the words " any improvement to a house or building on the land or of " and at the end of that paragraph there shall be added the following paragraph:—

“(d) the service of an improvement notice, within the meaning of Part VIII of the Housing Act 1974, in respect of premises in which that accommodation is situated”.

(2) In subsection (3) of that section after the word "demolition " there shall be added the words " or improvement ".

(3) In subsection (6) of that section after the words " such acquisition " there shall be inserted the word " improvement ", after the words " paragraph (b) of that subsection " there shall be inserted the words " or of such an improvement notice as is mentioned in paragraph (d) of that subsection " and for the words " or the undertaking was accepted" there shall be substituted the words " the undertaking was accepted or the notice was served ".

(4) After subsection (6) of that section there shall be inserted the following subsection:—

“(6A) For the purposes of subsection (1) above a person shall not be treated as displaced in consequence of the acceptance of an undertaking, of the carrying out of any improvement to a house or building or of the service of such an improvement notice as is mentioned in paragraph (d) of that subsection unless he is permanently displaced from the residential accommodation in question in consequence of the carrying out of the works specified in the undertaking, the carrying out of the improvement or, as the case may be, the carrying out of the works specified in the notice.”

(5) In subsection (7) of that section for the words " subsection (8)" there shall be substituted the words " subsections (8) and (8A) ".

(6) After subsection (8) there shall be inserted the following subsection:—

“(8A) In a case where subsection (1) above applies in consequence of the acceptance of an undertaking under section 87 of the Housing Act 1974 or the service of an improvement notice within the meaning of Part VIII of that Act, the relevant authority for the purposes of this section is the authority which is the local authority, within the meaning of Part VII of that Act, in relation to the premises in which the residential accommodation is situated”.

(7) In subsection (9) of that section after the word " undertaking " there shall be inserted the word " ' improvement' ".