http://www.legislation.gov.uk/id/ukpga/1989/42/schedule/9

http://www.legislation.gov.uk/ukpga/1989/42/schedule/9/part/IV/2009-02-09

Local Government and Housing Act 1989

An Act to make provision with respect to the members, officers and otherstaff and the procedure of local authorities; to amend Part III of the LocalGovernment Act 1974 and Part II of the Local Government (Scotland) Act 1975 and to provide for a national code of local government conduct; to makefurther provision about the finances and expenditure of local authorities(including provision with respect to housing subsidies) and about companiesin which local authorities have interests; to make provision for and inconnection with renewal areas, grants towards the cost of improvement andrepair of housing accommodation and the carrying out of works of maintenance,repair and improvement; to amend the Housing Act 1985 and Part III of theLocal Government Finance Act 1982; to make amendments of and consequentialupon Parts I, II and IV of the Housing Act 1988; to amend the Local GovernmentFinance Act 1988 and the Abolition of Domestic Rates Etc. (Scotland) Act 1987and certain enactments relating, as respects Scotland, to rating andvaluation, and to provide for the making of grants; to make provision withrespect to the imposition of charges by local authorities; to make furtherprovision about certain existing grants and about financial assistance to andplanning by local authorities in respect of emergencies; to amend sections 102and 211 of the Local Government (Scotland) Act 1973; to amend the Local LandCharges Act 1975; to enable local authorities in Wales to be known solely byWelsh language names; to provide for the transfer of new town housing stock;to amend certain of the provisions of the Housing (Scotland) Act 1987 relatingto a secure tenant’s right to purchase his house; to amend section 47 of theRace Relations Act 1976; to confer certain powers on the Housing Corporation,Housing for Wales and Scottish Homes; to make provision about security oftenure for certain tenants under long tenancies; to provide for the making ofgrants and giving of guarantees in respect of certain activities carried onin relation to the construction industry; to provide for the repeal of certainenactments relating to improvement notices, town development and educationsupport grants; to make, as respects Scotland, further provision in relationto the phasing of progression to registered rent for houses let by housingassociations or Scottish Homes and in relation to the circumstances in whichrent increases under assured tenancies may be secured; and for connectedpurposes.

1989-11-16

text

text/xml

Statute Law Database

2024-06-14

Expert Participation

2009-02-09

Local Government and Housing Act 1989

s. 65(2)(b)(ii)

Public Audit (Wales) Act 2004

Sch. 2

para. 11

s. 73

art. 2

Sch. 1

Local Government and Housing Act 1989

s. 76A

76B

Wales Act 2014

s. 24(2)

s. 29(5)(b)

Local Government and Housing Act 1989

s. 87(1A)

Wales Act 2014

s. 24(5)

s. 29(5)(b)

Local Government and Housing Act 1989

Sch. 10 para. 5(4)(a)(b) and words

Leasehold and Freehold Reform Act 2024

Sch. 9

para. 8(a)

s. 124(3)

Local Government and Housing Act 1989

Sch. 10

para. 5(4A)

Leasehold and Freehold Reform Act 2024

Sch. 9

para. 8(b)

s. 124(3)

SCHEDULES

SCHEDULE 9 Amendments of Parts VI, IX, XI, XVII and XVIII of the Housing Act 1985

Part IV Amendments of Part XVII

72

After section 578 (general enactments relating to compulsory purchase etc.apply subject to this Part) there shall be inserted the following section—

578A Modification of compulsory purchase order in case of acquisition of land for clearance.
1
Subsection (2) applies where the local housing authority make a compulsory purchase order, within the meaning of the Acquisition of Land Act 1981, in respect of land they have determined to purchase under section 290 (acquisition of land comprised, surrounded by or adjoining a clearance area).
2
Where this subsection applies, the Secretary of State may, in accordance with section 13 of the Acquisition of Land Act 1981 (confirmation of order),confirm the order with modifications notwithstanding that the effect of the modifications made by him in excluding any land or buildings from the clearance area concerned is to sever the area into two or more separate and distinct areas; and, in such a case, the severance shall not prevent those areas from continuing to be treated as one clearance area for the purposes of the provisions of Part IX.

73

Sections 579 to 581 (special provision as regards acquisition of land for clearance, incorporation of enactments relating to mineral rights and acquisition of commons, open spaces etc.) shall cease to have effect.

74

In section 582 (restriction on recovery of possession after making compulsory purchase order), in subsection (1), in paragraph (a) the words from “section 192” to “beyond repair) or” shall be omitted.

F175

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

76

Sections 585 to 595 (which concern site value compensation for unfit houses and related matters and certain other land compensation matters) shall cease to have effect.

77

Section 598 (disregard of things done to obtain increased compensation) shall cease to have effect.

78

In section 599 (application of compensation due to another local authority) the words from “section 192” to “beyond repair)” shall be omitted.

79

1

In section 600 (powers of entry), in subsection (1) for the words “24 hours”' there shall be substituted “ seven days ”'.

2

At the end of subsection (2) of that section there shall be added the words “ and shall, if so required, be produced for inspection by the occupier or anyone acting on his behalf ”.

80

1

In section 601 (penalty for obstruction), in subsection (1) after the word “offence” there shall be inserted “ intentionally ”.

2

In subsection (2) of that section for the words “level 2” there shall be substituted “ level 3 ”.

81

In section 602 (minor definitions)—

a

the definition of “house” shall be omitted; and

b

in paragraph (b) of the definition of “owner” after the word “premises” there shall be inserted “ or part of the premises ”.

82

For section 603 (index of defined expressions: Part XVII) there shall be substituted the following section—

603 Index of defined expressions: Part XVII.
The following Table shows provisions defining or otherwise explaining expressions used in this Part (other than provisions defining or otherwise explaining an expression used in the same section or paragraph):—
clearance area
section 289
closing order
section 264
demolition order
section 265
compulsory purchase value
section 584A
lease and lessee
section 621
local housing authority
section 1, 2(2).

clearance area	section 289
closing order	section 264
demolition order	section 265
compulsory purchase value	section 584A
lease and lessee	section 621
local housing authority	section 1, 2(2).