Part IVE+W Registration of Rents Under Regulated Tenancies

63 Schemes for appointment of rent officers.E

(1)The Secretary of State shall for every registration area make, after consultation with the local authority, a scheme providing for the appointment by the proper officer of the local authority—

(a)of such number of rent officers for the area as may be determined by or in accordance with the scheme, . . . F1

(b). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F1

(2)A scheme under this section—

(a)shall provide for the payment by the local authority to rent officers . . . F2 of remuneration and allowances in accordance with scales approved by the Secretary of State F3. . .;

(b)shall prohibit the dismissal of a rent officer . . . F4 except by the proper officer of the local authority on the direction, or with the consent, of the Secretary of State;

(c)shall require the local authority to provide for the rent officers office accommodation and clerical and other assistance;

(d)shall allocate, or confer on the proper officer of the local authority the duty of allocating, work as between the rent officers and shall confer on the proper officer the duty of supervising the conduct of rent officers . . . F5; . . . F6

(e). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F7

[F8(2A) A scheme under this section may make all or any of the following provisions—

(a)provision requiring the consent of the Secretary of State to the appointment of rent officers;

(b)provision with respect to the appointment of rent officers for fixed periods;

(c)provision for the proper officer of the local authority, in such circumstances and subject to such conditions (as to consent or otherwise) as may be specified in the scheme,—

(i)to designate a person appointed or to be appointed a rent officer as chief rent officer and to designate one or more such persons as senior rent officers;

(ii)to delegate to a person so designated as chief rent officer such functions as may be specified in the scheme; and

(iii)to revoke a designation under sub-paragraph (i) above and to revoke or vary a delegation under sub-paragraph (ii) above;

(d)provision with respect to the delegation of functions by a chief rent officer to other rent officers (whether designated as senior rent officers or not);

(e)provision as to the circumstances in which and the terms on which a rent officer appointed by the scheme may undertake functions outside the area to which the scheme relates in accordance with paragraph (f) below;

(f)provision under which a rent officer appointed for an area other than that to which the scheme relates may undertake functions in the area to which the scheme relates and for such a rent officer to be treated for such purposes as may be specified in the scheme (which may include the purposes of paragraphs (c) and (d) above and paragraphs (c) and (d) of subsection (2) above) as if he were a rent officer appointed under the scheme; and

(g)provision conferring functions on the proper officer of a local authority with respect to the matters referred to in paragraphs (d) to (f) above.]

(3)For the purposes of any local Act scheme, within the meaning of section 8 of the M1Superannuation Act 1972, rent officers . . . F9 appointed in pursuance of a scheme under this section shall be deemed to be officers in the employment of the local authority for whose area the scheme is made; and for the purposes of—

(a)Part III of the [F10Pension Schemes Act 1993], and

(b)the M2Social Security Act 1975,

they shall be deemed to be in that employment under a contract of service.

[F11(4)In this Part “the rent officer” means–

(a)in relation to any area not specified in an order made under section 64B of this Act, any rent officer appointed for the area who is authorised to act in accordance with a scheme under this section;

(b)in relation to any area or areas so specified, any rent officer appointed by the [F12Commissioners for Her Majesty’s Revenue and Customs] .]

(5)A scheme under this section may be varied or revoked by a subsequent scheme made thereunder.

(6)The Secretary of State shall, in respect of each financial year, make to any local authority incurring expenditure which is of a kind mentioned in subsection (7) below, a grant equal to that expenditure.

(7)The expenditure mentioned in subsection (6) above is any expenditure—

(a)attributable to this section [F13or an order under section 122 of the Housing Act 1996], or

(b)incurred in respect of pensions, allowances or gratuities payable to or in respect of rent officers . . . F14 (appointed in pursuance of a scheme under this section) by virtue of regulations under section 7 [F15or section 24] of the M3Superannuation Act 1972 [F16or]

[F17(c)incurred in respect of increases of pensions payable to or in respect of rent officers (so appointed) by virtue of the Pensions (Increase) Act 1971].

(8)Any expenditure incurred by the Secretary of State by virtue of subsection (6) above shall be paid out of money provided by Parliament.

[F18(9)In the case of a registration area in respect of which there is more than one local authority, this section shall apply as if—

(a)the first reference to “the local authority” in subsection (1) were a reference to each of those local authorities which is—

(i)the county council for a county in England; or

(ii)the council for a district in England which is not in a county having a county council; and

(b)the second reference to “the local authority” in that subsection, the references to “the local authority” in subsections (2) and (2A)(c), the reference to “a local authority” in subsection (2A)(g) and the reference to “the local authority for whose area the scheme is made” in subsection (3) were references to such one of those authorities as has been designated by the scheme]

Extent Information

E1This version of this provision extends to England only; a separate version has been created for Wales only.

Textual Amendments

F1S. 63(1)(b) and the word “and” immediately preceding it repealed by Housing Act 1988 (c. 50, SIF 61, 75:1), ss. 120, 140(2), Sch. 14 para. 1, Sch. 18

F10In s. 63(3) the words "Pension Schemes Act 1993" substituted (7.2.1994) for the words "Social Security Pensions Act 1975" (expressed as s. 653(3) in the amending Act) by 1993 c. 48, s. 190, Sch. 8 para. 10 (with ss. 6(8), 164)

F11S. 63(4) substituted (1.10.1999) by S.I. 1999/2403, art. 7(a) (with s. 8(1)-(5))

F13Words in s. 63(7)(a) substituted (1.4.1997) by 1996 c. 52, s. 123, Sch. 13 para. 1; S.I. 1997/618, art. 2(1) (with Sch.)

F18S. 63(9) substituted (13.10.1995) by S.I. 1995/2451, reg. 4

Modifications etc. (not altering text)

C1S. 63 modified (13.10.1995) by S.I. 1995/2451, reg. 8(1)-(3)

Marginal Citations

63 Schemes for appointment of rent officers.W

(1)The Secretary of State shall for every registration area make, after consultation with the local authority, a scheme providing for the appointment by the proper officer of the local authority—

(a)of such number of rent officers for the area as may be determined by or in accordance with the scheme, . . . F19

(b). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F19

(2)A scheme under this section—

(a)shall provide for the payment by the local authority to rent officers . . . F20 of remuneration and allowances in accordance with scales approved by the Secretary of State F21. . .;

(b)shall prohibit the dismissal of a rent officer . . . F22 except by the proper officer of the local authority on the direction, or with the consent, of the Secretary of State;

(c)shall require the local authority to provide for the rent officers office accommodation and clerical and other assistance;

(d)shall allocate, or confer on the proper officer of the local authority the duty of allocating, work as between the rent officers and shall confer on the proper officer the duty of supervising the conduct of rent officers . . . F23; . . . F24

(e). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F25

[F26(2A) A scheme under this section may make all or any of the following provisions—

(a)provision requiring the consent of the Secretary of State to the appointment of rent officers;

(b)provision with respect to the appointment of rent officers for fixed periods;

(c)provision for the proper officer of the local authority, in such circumstances and subject to such conditions (as to consent or otherwise) as may be specified in the scheme,—

(i)to designate a person appointed or to be appointed a rent officer as chief rent officer and to designate one or more such persons as senior rent officers;

(ii)to delegate to a person so designated as chief rent officer such functions as may be specified in the scheme; and

(iii)to revoke a designation under sub-paragraph (i) above and to revoke or vary a delegation under sub-paragraph (ii) above;

(d)provision with respect to the delegation of functions by a chief rent officer to other rent officers (whether designated as senior rent officers or not);

(e)provision as to the circumstances in which and the terms on which a rent officer appointed by the scheme may undertake functions outside the area to which the scheme relates in accordance with paragraph (f) below;

(f)provision under which a rent officer appointed for an area other than that to which the scheme relates may undertake functions in the area to which the scheme relates and for such a rent officer to be treated for such purposes as may be specified in the scheme (which may include the purposes of paragraphs (c) and (d) above and paragraphs (c) and (d) of subsection (2) above) as if he were a rent officer appointed under the scheme; and

(g)provision conferring functions on the proper officer of a local authority with respect to the matters referred to in paragraphs (d) to (f) above.]

(3)For the purposes of any local Act scheme, within the meaning of section 8 of the M4Superannuation Act 1972, rent officers . . . F27 appointed in pursuance of a scheme under this section shall be deemed to be officers in the employment of the local authority for whose area the scheme is made; and for the purposes of—

(a)Part III of the [F28Pension Schemes Act 1993], and

(b)the M5Social Security Act 1975,

they shall be deemed to be in that employment under a contract of service.

(4)References in this Part of this Act to the rent officer are references to any rent officer appointed for any area who is authorised to act in accordance with a scheme under this section.

(5)A scheme under this section may be varied or revoked by a subsequent scheme made thereunder.

(6)The Secretary of State shall, in respect of each financial year, make to any local authority incurring expenditure which is of a kind mentioned in subsection (7) below, a grant equal to that expenditure.

(7)The expenditure mentioned in subsection (6) above is any expenditure—

(a)attributable to this section [F29or an order under section 122 of the Housing Act 1996], or

(b)incurred in respect of pensions, allowances or gratuities payable to or in respect of rent officers . . . F30 (appointed in pursuance of a scheme under this section) by virtue of regulations under section 7 [F31or section 24] of the M6Superannuation Act 1972 [F32or]

[F33(c)incurred in respect of increases of pensions payable to or in respect of rent officers (so appointed) by virtue of the Pensions (Increase) Act 1971].

(8)Any expenditure incurred by the Secretary of State by virtue of subsection (6) above shall be paid out of money provided by Parliament.

[F34(9)In the case of a registration area in respect of which there is more than one local authority, this section shall apply as if—

(a)the first reference to “the local authority” in subsection (1) were a reference to each of those local authorities which is—

(i)the county council for a county in England; or

(ii)the council for a district in England which is not in a county having a county council; and

(b)the second reference to “the local authority” in that subsection, the references to “the local authority” in subsections (2) and (2A)(c), the reference to “a local authority” in subsection (2A)(g) and the reference to “the local authority for whose area the scheme is made” in subsection (3) were references to such one of those authorities as has been designated by the scheme]

Extent Information

E2This version of this provision extends to Wales only; a separate version has been created for England only.

Textual Amendments

F19S. 63(1)(b) and the word “and” immediately preceding it repealed by Housing Act 1988 (c. 50, SIF 61, 75:1), ss. 120, 140(2), Sch. 14 para. 1, Sch. 18

F28In s. 63(3) the words "Pension Schemes Act 1993" substituted (7.2.1994) for the words "Social Security Pensions Act 1975" (expressed as s. 653(3) in the amending Act) by 1993 c. 48, s. 190, Sch. 8 para. 10 (with ss. 6(8), 164)

F29Words in s. 63(7)(a) substituted (1.4.1997) by 1996 c. 52, s. 123, Sch. 13 para. 1; S.I. 1997/618, art. 2(1) (with Sch.)

F34S. 63(9) substituted (13.10.1995) by S.I. 1995/2451, reg. 4

Modifications etc. (not altering text)

C2S. 63 modified (13.10.1995) by S.I. 1995/2451, reg. 8(1)-(3)

Marginal Citations