Local Government and Housing Act 1989 (c. 42)

SCHEDULES

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

Part IV E+W Amendments of Part XVII

72 E+W 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 E+W 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 E+W 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.

F1 75 E+W . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F1 Sch. 9 para. 75 repealed (6.4.2006 for E., 16.6.2006 for W.) by Housing Act 2004 (c. 34), s. 270(4)(5)(f), Sch. 16; S.I. 2006/1060, art. 2(1)(e) (with Sch.); S.I. 2006/1535, art. 2(c) (with Sch.)

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

78 E+W 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 ”'. E+W

(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 ”. E+W

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

81 E+W 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 E+W 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).”