Housing Act 1985

[F1 Supplementary provisions E+W

Textual Amendments

F1 Ss. 259A, 259B inserted by Housing and Planning Act 1986 (c. 63, SIF 61), s. 21(1)

259A Effect of resolutions relating to housing action area or general improvement area. E+W

(1) A resolution of a local housing authority passed after the commencement of this section—

(a) declaring an area to be a housing action area, excluding land from a housing action area or declaring that an area shall cease to be a housing action area, or

(b) declaring an area to be a general improvement area, excluding land from a general improvement area or declaring that an area shall cease to be a general improvement area,

has effect, subject to subsection (2), from the day on which the resolution is passed.

(2) A resolution declaring an area to be a general improvement area may be expressed to have effect from a future date, not later than four weeks after the passing of the resolution, on which the whole or part of that area will cease to be, or be included in, a housing action area.]

[F2 259B Effect of certain resolutions passed before commencement of s. 259A. E+W

(1) Where before the commencement of section 259A a local housing authority passed a resolution of any of the descriptions mentioned in the section expressed to have effect from a date after that on which it was passed—

(a) anything done before the commencement of this section in reliance on the view that the resolution was invalid shall have effect as if the resolution had not been passed, but

(3) Where the resolution declared a housing action area or general improvement area and, before the commencement of this section, the local housing authority passed a further resolution making the like declaration in relation to the whole or part of the area to which the first resolution then related—

(a) both resolutions are effective, notwithstanding that they relate in whole or in part to the same area;

(b) the area covered by both resolutions is a housing action area or general improvement area by virtue of the joint effect of the two resolutions, and in the case of a housing action area shall continue to be such an area (subject to the provisions of this Part) until the end of the period of five years beginning with the date on which the second resolution was passed;

(c) it is immaterial whether steps taken before the commencement of this section were taken in reliance on the first resolution or the second, but steps taken in reliance on the first shall not be proceeded with to the extent that they have been superseded by, or are inconsistent with, steps taken in reliance on the second; and

(d) the areas declared by the two resolutions may be treated as one for the purposes of section 245(3) or 259(3) (limit on aggregate expenditure qualifying for contributions by Secretary of State).

(4) The provisions of subsection (3) do not affect the powers of the Secretary of State under section 241(2)(a) and (b) (power to overrule declaration of housing action area or exclude land from area) and, so far as they relate to the duration of a housing action area, have effect subject to section 241(4) (effect of Secretary of State’s decision in such a case).]

Textual Amendments

F2 Ss. 259A, 259B inserted by Housing and Planning Act 1986 (c. 63, SIF 61), s. 21(1)

260 Powers of entry. E+W

(1) A person authorised by the local housing authority or the Secretary of State may at any reasonable time, on giving 24 hours’ notice of his intention to the occupier, and to the owner if the owner is known, enter premises—

(a) for the purposes of survey and examination where is appears to the authority or the Secretary of State that survey or examination is necessary in order to determine whether any powers under this Part should be exercised; or

(b) for the purpose of survey or valuation where the authority are authorised by this Part to purchase the premises compulsorily.

(2) An authorisation for the purposes of this section shall be in writing stating the particular purpose or purposes for which the entry is authorised.

261 Penalty for obstruction. E+W

(1) It is a summary offence to obstruct an officer of the local housing authority, or of the Secretary of State, or a person authorised to enter premises in pursuance of this Part, in the performance of anything which that officer, authority or person is by this Part required or authorised to do.

(2) A person who commits such an offence is liable on conviction to a fine not exceeding level 2 on the standard scale.

262 Minor definitions. E+W

In this Part—

• “disposal”, in relation to land, includes a conveyance of, or contract to convey, an estate or interest not previously in existence;

• “owner”, in relation to premises—

(a) means a person (other than a mortgagee not in possession) who is for the time being entitled to dispose of the fee simple in the premises, whether in possession or reversion, and

(b) includes also a person holding or entitled to the rents and profits of the premises under a lease of which the unexpired term exceeds three years.

263 Index of defined expressions: Part VIII E+W

The following Table shows provisions defining or otherwise explaining expressions used in this Part (other than provisions defining or explaining an expression used in the same section):—

[F3 assured agricultural occupancy]	[F3 section 622]
[F3 assured tenancy]	[F3 section 622]
clearance area	section 289
disposal (of land)	section 262
district (of a local housing authority)	section 2(1)
dwelling (in provisions relating to housing action areas)	section 252
general improvement area	section 253
hostel	section 622
house in multiple occupation	section 252
housing accommodation	section 252
housing action area	section 239
lease, lessee and lessor	section 621
local housing authority	section 1, 2(2)
owner (of premises)	section 262
protected occupancy	section 622
protected tenancy	section 622
restricted contact	section 622
standard scale (in reference to the maximum fine on summary conviction)	section 622
tenancy and tenant	section 621

Textual Amendments

F3 Entries inserted by Housing Act 1988 (c. 50, SIF 61), s. 140(1), Sch. 17 Pt. I para. 46