F1C1Part VIII
Pt. VIII (ss. 101-138) excluded (17.12.1996) by 1996 c. 53, s. 102(1)(2); S.I. 1996/2842, art. 3
Supplementary provisions
138 Interpretation of Part VIII.
1
In this Part, except where the context otherwise requires,—
“agricultural population” means—
- a
persons whose employment or latest employment is or was employment inagriculture or in an industry mainly dependent on agriculture, and
- b
the dependents of those persons;
and for this purpose “agriculture” includes dairy-farming and poultry-farming andthe use of land as grazing, meadow or pasture land, or orchard or osier landor woodland, or for market gardens or nursery grounds;
- a
“certified date” means the date certified by the localhousing authority as the date on which the execution of the eligible works iscompleted to their satisfaction;
“charity” does not include a F2registered social landlordbut, subject to that, has the same meaning as in the F3the Charities Act 1993;
“common parts”, in relation to a building, includes thestructure and exterior of the building and common facilities provided, whetherin the building or elsewhere, for persons who include the occupiers of one or more flats in the building;
“disabled person” has the meaning assigned by section 114(6)above;
“dwelling” means a building or part of a building occupiedor intended to be occupied as a separate dwelling, together with any yard,garden, outhouses and appurtenances belonging to it or usually enjoyed withit;
“the eligible works” shall be construed in accordance withsection 116(2)(a) above;
“the estimated expense” shall be construed in accordance withsection 116(2) above;
“flat”, in relation to a building, means a dwelling which isa separate set of premises, whether or not on the same floor, dividedhorizontally from some other part of the building;
“group repair scheme” has the meaning assigned by section127(1) above;
“house in multiple occupation” has the same meaning as inPart VII above;
“improvement” includes alteration and enlargement;
“initial period” means the period of five years beginningwith the certified date;
“landlord’s common parts application” has the meaningassigned by section 105(2)(b) above;
“local housing authority” has the same meaning as in the M1Housing Act 1985;
“long tenancy” has the meaning assigned by section 115 ofthat Act;
“occupying tenant” has the meaning assigned by section105(2)(a) above;
“owner”, in relation to a dwelling, means the personwho—
a
is for the time being entitled to receive from a lessee of the dwelling(or would be so entitled if the dwelling were let) a rent of not less thantwo-thirds of the net annual value of the dwelling; and
b
is not himself liable as lessee of the dwelling, or of property whichincludes the dwelling, to pay such a rent to a superior landlord;
and, in relation to a house in multiple occupation, “owner” has the same meaning as in Part XI of the Housing Act1985;
“owner’s interest” has the meaning assigned by section 104(2)above;
“participating landlord” has the meaning assigned by section105(3) above;
“preliminary or ancillary services and charges” has themeaning assigned by section 102(3) above;
“prescribed” means prescribed by regulations made by theSecretary of State;
F4“registered social landlord” has the same meaning as in the Housing Act 1985 (see section 5(4)and (5) of that Act);
“the relevant works” has the meaning assigned by section102(2)(a) above;
“tenancy” includes a sub-tenancy and an agreement for atenancy or sub-tenancy;
“tenant” includes a sub-tenant and any person deriving titleunder the original tenant or sub-tenant;
“tenants’ common parts application” has the meaning assignedby section 105(2)(c) above.
2
Section 113 of the M2Housing Act 1985 (meaning of “members of a person’s family") shall apply in determining whether aperson is a member of another’s family for the purposes of this Part.
Pt. VIII (ss. 101-138) repealed (17.12.1996) by 1996 c. 53, s. 147, Sch. 3 Pt. I; S.I. 1996/2842, art. 3 (with transitional provisions in arts. 5, 8)