Local Government (Miscellaneous Provisions) Act 1976

10 Revocation of closing order as respects part of premises to which it relates

(1) Section 27 of the Housing Act 1957 shall have effect with the following amendments, namely—

(a) at the end of subsection (2) (which among other things requires a local authority to determine a closing order if the authority is satisfied that the relevant premises have been made fit for human habitation) there shall be inserted the words " and shall determine the order so far as it relates to part of the premises on being satisfied that the part has been rendered fit for human habitation ";

(b) at the end of subsection (3)(b) (which provides for an appeal against a refusal to determine a closing order) there shall be inserted the words " either wholly or as respects part of the premises to which it relates "; and

(c) in subsection (4) (which restricts appeals under subsection (3)(b)) after the word " premises " there shall be inserted the words " or a relevant part of the premises ".

(2) A local authority shall not have power to revoke a closing order and make a demolition order by virtue of section 28 of the said Act of 1957 (which provides that where an authority has made a closing order in pursuance of section 17(1) of that Act instead of a demolition order, the authority may revoke the closing order and make a demolition order) if the closing order has been determined by virtue of the preceding subsection in respect of part of the premises to which the closing order relates.

(3) Where by virtue of subsection (1) of this section a closing order is determined as respects part of the premises to which the order relates and—

(a) a payment has been made by an authority in respect of the premises in pursuance of section 30 of or Part II of Schedule 2 to the said Act of 1957 or Schedule 5 to the [1969 c. 33.] Housing Act 1969 (which relate to payments for well-maintained houses and owner-occupiers); and

(b) if the order and the payment had related only to that part of the premises any person would by virtue of section 69 of the said Act of 1969 have been liable on demand to repay the payment to the authority,

that person shall on demand pay to the authority an amount equal to the appropriate fraction of the payment.

(4) For the purposes of the preceding subsection the appropriate fraction of a payment is—

(a) in a case where the payment was not reduced in pursuance of paragraph 4(4) of Schedule 2 to the said Act of 1957 or paragraph 3(1) of Schedule 5 to the said Act of 1969, the fraction obtained by dividing the rateable value of the part of the premises in question at the time when the closing order was made by the rateable value of the premises at that time;

(b) in a case where the payment was so reduced, the fraction obtained by dividing the rateable value at that time of so much of the part of the premises in question as was used for the purposes of a private dwelling by the rateable value at that time of so much of the premises as was so used.

(5) Paragraph 3(1) and (2) of Schedule 2 to the said Act of 1957, as set out in Schedule 4 to the said Act of 1969, shall apply for the purpose of determining the rateable value of premises or a portion of them for the purposes of the preceding subsection as if for references to a house there were substituted references to the premises or portion.