F1C1Part VIII

Annotations:
Amendments (Textual)
F1

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 VIII (ss. 101-138) repealed (17.12.1996) by 1996 c. 53, s. 147, Sch. 3 Pt.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)

Modifications etc. (not altering text)
C1

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—

    1. a

      persons whose employment or latest employment is or was employment inagriculture or in an industry mainly dependent on agriculture, and

    2. 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;

  • “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.