Housing Act 1985

Contributions by Secretary of State E+W

569 Contributions by Secretary of State. E+W

(1) The Secretary of State may, if he thinks fit in any case, contribute towards the expense incurred by a local housing authority—

(a) in giving assistance by way of reinstatement grant,

(b) in giving assistance by way of repurchase of a dwelling which is a defective dwelling by virtue of a designation under section 528 (designation by Secretary of State), or

(c) in making payments under section 549 (making up of consideration on disposal in pursuance of right of pre-emption, &c.) or section 550 (making up of compulsory purchase compensation).

(2) The contributions shall be [F1 equal to the relevant percentage of the amount of the expense incurred]

(3) The relevant percentage is—

(a) 90 per cent. in the case of reinstatement grant.

(b) 75 per cent. in the case of repurchase or a payment under section 549 or 550 where there has at any time been a disposal of a relevant interest in the defective dwelling by the local housing authority or a predecessor of that authority, and

(c) 100 per cent. in the case of repurchase or a payment under those sections not within paragraph (b);

or such other percentage as, in any of those cases, may be provided by order under section 570.

(4) The amount of expense incurred is—

(a) in the case of reinstatement grant, the amount of the grant,

(b) in the case of repurchase, the price paid for the acquisition, together with any amount reimbursed under section 552 (incidental expenses), less the value of the interest at the relevant time determined in accordance with paragraph 8 of Schedule 20 (value for purposes of repurchase) but without the assumption required by paragraph 8(1)(a) (assumption that dwelling is defect free),

(c) in the case of a payment under section 549 or 550, the amount of the payment.

(5) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F2

(6) Payment of contributions under this section is subject to the making of a claim in such form, and containing such particulars, as the Secretary of State may determine; and the contributions are payable at such times, in such manner and subject to such conditions, as to records, certificates, audit or otherwise, as the Secretary of State may, with the agreement of the Treasury, determine.

Textual Amendments

F1 Words substituted by Local Government and Housing Act 1989 (c. 42, SIF 61), s. 157(8)(10)

F2 S. 569(5) repealed by Local Government and Housing Act 1989 (c. 42, SIF 61), ss. 157(8)(ii)(10), 194(4), Sch. 12 Pt. II

Modifications etc. (not altering text)

C1 S. 569 modified by S.I. 1986/797, reg. 23

C2 S. 569(3)(4) applied (retrospectively to 1.1.1993) by 1993 c. 28, ss. 139(4)(5)(7), 188(2).

570 Power to vary relevant percentage. E+W

(1) The Secretary of State may by order made with the consent of the Treasury vary all or any of the percentages specified in section 569(3) (relevant percentages for purposes of contribution to expenditure of local housing authority) in respect of assistance or payments, or a class of assistance or payments, specified in the order.

(2) An order—

(a) may make different provision for assistance given or payments made in respect of defective dwellings in different areas or under different provisions or for different purposes of the same provision;

(b) shall be made by statutory instrument; and

(c) shall not be made unless a draft of it has been laid before and approved by a resolution of the House of Commons.

(3) An order applies to assistance given or payments made in pursuance of applications made after such date as may be specified in the order, and the specified date shall not be earlier than the date of the laying of the draft.