Local Government and Housing Act 1989
Local Government and Housing Act 1989 (1989 c. 42)
- Local Government and Housing Act 1989 (1989 c. 42)
- Part I Local Authority Members, Officers, Staff and Committees etc.
- Political restriction of officers and staff
- 1 Disqualification and political restriction of certain officers and staff.
- 2 Politically restricted posts.
- 3 Grant and supervision of exemptions from political restriction: Scotland and Wales .
- 3A Grant and supervision of exemptions from political restriction: England
- 3B General advice as to politically restricted posts: England
- Duties of particular officers
- 4 Designation and reports of head of paid service.
- 5 Designation and reports of monitoring officer.
- 5A Reports of monitoring officer—local authorities operating executive arrangements
- 6 Officer responsible for financial administration of certain authorities.
- Appointment and management etc. of staff
- 7 All staff to be appointed on merit.
- 8 Duty to adopt standing orders with respect to staff.
- 9 Assistants for political groups.
- 10 Limit on paid leave for local authority duties.
- 11 Confidentiality of staff records.
- 12 Conflict of interest in staff negotiations.
- Voting rights of members of certain committees
- 13 Voting rights of members of certain committees: England and Wales.
- 14 Voting rights of members of certain committees: Scotland.
- Political balance on committees etc.
- 15 Duty to allocate seats to political groups.
- 16 Duty to give effect to allocations.
- 17 Exceptions to and extensions of political balance requirements.
- Allowances
- 18 Schemes for basic, attendance and special responsibility allowances for local authority members.
- Members’ interests
- 19 Members’ interests.
- Duty to adopt certain procedural standing orders
- 20 Duty to adopt certain procedural standing orders.
- Interpretation of Part I
- 21 Interpretation of Part I.
- Part II Local Government Administration
- 22 Advisory Commissioners.
- 23 Advice and guidance by Commissions for Local Administration and ScottishCommissioner.
- 24 Expenses of Commissions for Local Administration.
- 25 Annual reports of Commissions: new provisions.
- 26 Implementation of recommendations of Commissioners for Local Administration in England and Wales.
- 27 Implementation of recommendations of Commissioner for Local Administrationin Scotland.
- 28 Consideration of adverse reports: England and Wales.
- 29 Consideration of adverse reports: Scotland.
- 30 Declaration of acceptance of office of councillor etc.
- 31 National Code of Local Government Conduct.
- 32 Anonymity in reports on investigations.
- Part III Economic Development and Discretionary Expenditure by Local Authorities
- 33 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
- 34 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
- 35 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
- 36 Amendments of existing power to incur discretionary expenditure.
- 37 Conditions of provision of financial assistance.
- 38 Information etc. on individuals’ rights.
- Part IV Revenue Accounts and Capital Finance of Local Authorities
- Introductory
- 39 Application of Part IV.
- 40 Capital purposes.
- Charge of expenditure to revenue accounts
- 41 Expenditure to be charged to revenue account.
- 42 Expenditure excluded from section 41(1).
- Borrowing
- 43 Borrowing powers.
- 44 Borrowing limits etc.
- 45 The authority’s own limits.
- 46 Register of loan instruments and certain existing loans.
- 47 Security for money borrowed etc.
- Credit arrangements
- 48 Credit arrangements.
- 49 Initial and subsequent cost of credit arrangements.
- 50 Limits on powers to enter into credit arrangements.
- 51 Variation of credit arrangements.
- 52 Transitional credit arrangements.
- Credit approvals
- 53 Basic credit approvals.
- 54 Supplementary credit approvals.
- 55 Criteria for issuing credit approvals.
- 56 Use of credit approvals by local authorities.
- 57 Effect of certain capital grants on credit approvals.
- Capital receipts
- 58 Capital receipts.
- 59 The reserved part of capital receipts.
- 60 The usable balance of capital receipts.
- 61 Capital receipts not wholly in money paid to the authority.
- Aggregate credit limit
- 62 Aggregate credit limit.
- Amounts set aside to meet credit liabilities
- 63 Duty to set certain amounts aside as provision to meet credit liabilities.
- 64 Use of amounts set aside to meet credit liabilities.
- Supplementary
- 65 Information.
- 66 Interpretation of Part IV.
- Part V Companies in which Local Authorities have interests
- 67 Application of, and orders under, Part V.
- 68 Companies controlled by local authorities and arm’s length companies.
- 69 Companies subject to local authority influence.
- 70 Requirements for companies under control or subject to influence of localauthorities.
- 71 Control of minority interests etc. in certain companies.
- 72 Trusts influenced by local authorities.
- 73 Authorities acting jointly and by committees.
- Part VI Housing Finance
- Housing accounts
- 74 Duty to keep Housing Revenue Account.
- 75 The keeping of the Housing Revenue Account.
- 76 Duty to prevent debit balance on Housing Revenue Account.
- 77 Power to keep Housing Repairs Account.
- 78 Directions to secure proper accounting.
- 78A Directions as to treatment of service charges, &c.
- 78B Directions as to accounting for work subject to competitive tendering.
- Housing subsidies
- 79 Housing Revenue Account subsidy.
- 80 Calculation of Housing Revenue Account subsidy.
- 80B Agreements to exclude certain authorities or property
- 80ZA Negative amounts of subsidy payable to Welsh Ministers
- 80A Final decision on amount of Housing Revenue Account subsidy.
- 81 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
- 82 Residual debt subsidy for year 1989–90.
- 83 Calculation of residual debt subsidy.
- 84 Adjustment of housing subsidy for year 1989-90.
- Supplementary
- 85 Power to obtain information.
- 86 Recoupment of subsidy in certain cases.
- 87 Determinations and directions.
- 87A Orders amending Part 6
- 88 Construction and application of Part VI.
- Part VII Renewal Areas
- 89 Declaration of renewal area.
- 90 Conditions for declaration of renewal area.
- 91 Renewal area: steps to be taken after declaration or extension
- 92 Duty to publish information.
- 93 General powers of local housing authority.
- 94 Power to apply for orders extinguishing right to use vehicles on highway.
- 95 Exclusion of land from, or termination of, renewal area.
- 96 Contributions by the Secretary of State.
- 97 Powers of entry and penalty for obstruction.
- 98 Part VIII of Housing Act 1985.
- 99 Directions and guidance.
- 100 Interpretation of Part VII.
- Introductory
- 101 Grants for improvements and repairs.
- 102 Applications for grants.
- Preliminary conditions
- 103 The age of the property.
- 104 The interest of the applicant in the property.
- 105 Common parts grants: preliminary conditions.
- 106 Certificate as to future occupation, etc.
- Restrictions on grant aid
- 107 Certain dwellings and works excluded from grant aid.
- 108 Restriction on grants for works already begun.
- 109 Owner-occupiers and tenants.
- 110 Landlords.
- 111 Tenants’ common parts applications.
- Approvals, notification and payment
- 112 Duty to approve applications to render certain dwellings fit for humanhabitation.
- 113 Duty to approve applications arising out of certain statutory notices.
- 114 Approval of applications to provide certain facilities for the disabled.
- 115 Discretionary approval of certain applications.
- 116 Approval and refusal of applications.
- 117 Payment of grants.
- Conditions of grants and repayments
- 118 Conditions as to completion of works.
- 119 Condition as to availability for letting.
- 120 Condition requiring repayment of grant in case of certain disposals wherecertificate of intended letting given.
- 121 Condition requiring repayment of grant in case of certain disposals whereowner-occupation certificate given.
- 122 Conditions relating to HMO grant.
- 123 Condition requiring repayment of grant on certain disposals in case oflandlord’s common parts application.
- 124 Meaning of relevant disposal and exempt disposal for the purposes ofsections 120 to 123.
- 125 Repayment of grant.
- 126 Renovation grants relating to two or more dwellings.
- Group repair schemes
- 127 Group repair schemes and persons eligible to participate.
- 128 Qualifying buildings and external works, etc.
- 129 Contributions by participants and limitations on works.
- 130 Payment of balance of costs in case of certain disposals.
- Minor works
- 131 Assistance for provision of minor works to dwellings.
- Supplementary provisions
- 132 Contributions by the Secretary of State.
- 133 Persons entitled to grants.
- 134 Cases in which grants may be re-calculated, withheld or repaid.
- 135 Power of local housing authority to carry out works which would attractgrant.
- 136 Parsonages, charities etc.
- 137 Orders and regulations.
- 138 Interpretation of Part VIII.
- Part IX Miscellaneous and General
- Local Government Finance Act 1988, local finance (Scotland) and block grants
- 139 Local Government Finance Act 1988: amendments.
- 140 Scottish non-domestic rates: interim provisions.
- 141 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
- 142 Powers to vary incidence of standard community charge: Scotland.
- 143 Reduced liability for personal community charges: Scotland.
- 144 Community charge grants: Scotland.
- 145 Amendment of Abolition of Domestic Rates Etc. (Scotland) Act 1987 andother enactments: Scotland.
- 146 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
- 147 Adjustment of block grant.
- 148 Rate support grant, 1985/86.
- 149 Statutory references to rating.
- Charges by certain authorities
- 150 Power to allow charges.
- 151 Power to amend provisions about charges.
- 152 Interpretation, consultation and commencement of ss. 150 and 151.
- 153 Charges: temporary traffic signs.
- 154 Charges: library services.
- Miscellaneous local government provisions
- 155 Emergency financial assistance to local authorities.
- 156 Contingency planning and co-ordination in respect of emergencies ordisasters.
- 157 Commutation of, and interest on, periodic payments of grants etc.
- 158 Electronic transfer of documents.
- 159 Prevention of continuance or recurrence of default of local authority: Scotland.
- 160 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
- Miscellaneous housing provisions
- 161 Housing authorities not required to keep a housing stock.
- 162 Determination of rents.
- 163 Exchanges between secure and assured tenants.
- 164 Exception to the right to buy in case of certain dwelling-houses forpersons of pensionable age.
- 165 Unfit housing etc.
- 166 Amendments relating to defective housing.
- 167 Reports to tenants etc. on local housing authority functions.
- 168 Contributions towards costs of housing mobility arrangements.
- 169 Powers of local authorities and Secretary of State as respects services etc. for owners and occupiers of houses for work on them.
- 170 Powers of local authorities and Secretary of State as respects services,etc., for owners and occupiers of houses for work on them: Scotland.
- 171 Winding up of home purchase assistance scheme.
- 172 Transfer of new town housing stock.
- 173 Consent required for subsequent disposals.
- 174 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
- 175 Repeal of the Town Development Act 1952.
- 176 Amendment of definition of occupation for purposes of purchase of house by secure tenant: Scotland.
- 177 Sale to secure tenants of houses provided for persons of pensionable age: Scotland.
- 178 Application of secure tenant’s right to buy to cases where landlord is lessee: Scotland.
- 179 Amendment of powers of Scottish Homes to dispose of land.
- 180 Race relations: codes of practice in housing field.
- 181 Duty of landlord to inform secure tenant seeking to buy house about changes in law: Scotland.
- Other provisions
- 182 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
- 183 Extension of powers of Housing Corporation and Housing for Wales to give financial assistance.
- 184 Extension of functions of Audit Commission.
- 185 Publication of reports of Controller of Audit: Scotland.
- 186 Security of tenure on ending of long residential tenancies.
- 187 Construction industry: grants and guarantees.
- 188 Repeal of s. 2 of the Education (Grants and Awards) Act 1984.
- 189 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
- Supplementary
- 190 Regulations.
- 191 Separate provisions for Wales.
- 192 Financial provisions.
- 193 Application to Isles of Scilly.
- 194 Amendments and repeals.
- 195 Short title, commencement and extent.
- SCHEDULES
- SCHEDULE 1 Political Balance on Local Authority Committees etc.
- Bodies to which section 15 applies
- Construction of sections 15 to 17
- Supplemental regulation making power
- SCHEDULE 2 Local Government Act 1972, section 137, as amended
- SCHEDULE 3 Provisions Supplementing Part IV
- Part I Effect of Overspend in 1989-90 on Credit Approvals
- Part II Non-Monetary Consideration received before April 1990
- Part III Credit Ceiling
- Part IV Minimum Revenue Provision
- SCHEDULE 4 The Keeping of the Housing Revenue Account
- Part I Credits to the Account
- Item 1: rents
- Item 2: charges for services and facilities
- Item 3: Housing Revenue Account subsidy
- Item 4: contributions towards expenditure
- Item 5: housing benefit transfers
- Item 6: transfers from the Housing Repairs Account
- Item 7: reduced provision for bad or doubtful debts
- Item 8: sums calculated as determined by Secretary of State
- Item 9: sums directed by Secretary of State or National Assembly for Wales
- Item 10: credit balance from previous year
- Part II Debits to the Account
- Item 1: expenditure on repairs, maintenance and management
- Item 2: capital expenditure
- Item 3: rents, rates, taxes and other charges
- Item 4: rent rebates
- Item 5: sums payable under section 80ZA
- Item 5A: sums payable under section 170 of the Localism Act 2011
- Item 5B: sums payable under section 134 of the Housing (Wales) Act 2014
- Item 6: contributions to Housing Repairs Account
- Item 7: provision for bad or doubtful debts
- Item 8: sums calculated as determined by Secretary of State
- Item 9: debit balance from previous year
- Item 10: sums directed by Secretary of State or National Assembly for Wales
- Item 11: payments under section 86 of the Housing and Planning Act 2016
- Part III Special Cases
- Balance for year 1989-90
- ...
- Amenities shared by the whole community
- Provision of welfare services
- Land disposed of at less than market value
- Adjustment of accounts on appropriation of land
- Transfers of housing stock between authorities in London
- Contributions in respect of land in certain areas
- Part IV Supplementary Provisions
- Duty to supply information
- Directions excluding or modifying statutory provisions
- Orders amending statutory provisions
- SCHEDULE 5 Local Government Finance Act 1988: Amendments
- Introduction
- Community charges
- Charges and multipliers
- Non-domestic rating
- Precepts and levies
- Grants
- Funds
- Financial administration
- Existing rates
- Information
- England and Wales: separate administration
- Payments
- Orders and regulations
- Relevant population
- Information
- Tribunals
- General
- SCHEDULE 6 Amendment of Scottish Enactments
- Valuation appeals to Lands Tribunal for Scotland
- Rateable value of certain buildings used for breeding or rearing horses
- Application of regulations about determination of net annual value
- Rateable value for purposes of levying rates after 1st April 1990
- Exemption of church premises from the non-domestic rate
- Extension of charitable rate relief to universities
- Duty to notify registration officer about liability for collective community charge
- Interest not payable on back dated liability for community charges where there is reasonable excuse for non-registration
- Exemption from personal community charge
- Liability for non-domestic water rate
- Premises in respect of which non-domestic water rate is leviable
- Exemption of formula valued premises from non-domestic water rate
- Liability for non-domestic sewerage rate
- Reduced liability for non-domestic sewerage rate in respect of certain church and charity premises
- Public inspection of community charges register
- Exclusion from voting disability of local authority members who are community charge payers
- Revocation of civil penalties imposed by registration officer
- Evidence in appeals under Abolition of Domestic Rates Etc. (Scotland) Act 1987
- No liability for community water charges where water previously supplied free
- Provision of information by registration officer
- Revenue support grants
- SCHEDULE 7 Compensation Provisions of Landlord and Tenant Act 1954, Part II
- SCHEDULE 8 Welsh Language Names for Local Authorities
- SCHEDULE 9 Amendments of Parts VI, IX, XI, XVII and XVIII of the Housing Act 1985
- Part I Amendments of Part VI
- Part II Amendments of Part IX
- Part III Amendments of Part XI
- Part IV Amendments of Part XVII
- Part V Amendments of Part XVIII
- SCHEDULE 10 Security of Tenure on Ending of Long Residential Tenancies
- Preliminary
- Continuation of long residential tenancies
- Termination of tenancy by the landlord
- Interim rent
- Termination of tenancy by the tenant
- The assured periodic tenancy or periodic standard contract
- Initial rent under and terms of assured periodic tenancy or periodic standard contract
- Landlord’s application for possession
- Provisions where tenant not ordered to give up possession
- Tenancies granted in continuation of long tenancies
- Agreements as to the grant of new tenancies
- Assumptions on which to determine future questions
- Landlords and mortgagees in possession
- Application of other provisions of the 1954 Act
- Crown application
- SCHEDULE 11 Minor And Consequential Amendments
- The Military Lands Act 1892
- The Small Holdings and Allotments Act 1908
- The Prevention of Corruption Act 1916
- The Education Act 1944
- The Sexual Offences Act 1956
- The Public Works Loans Act 1965
- The Public Works Loans Act 1967
- The Leasehold Reform Act 1967
- The International Organisations Act 1968
- The Social Work (Scotland) Act 1968
- The Transport Act 1968
- The Local Authority Social Services Act 1970
- The Town and Country Planning Act 1971
- The Local Government Act 1972
- The Land Compensation Act 1973
- The Local Government (Scotland) Act 1973
- The Local Government Act 1974
- The Housing Act 1974
- The Local Government (Scotland) Act 1975
- The Local Government (Miscellaneous Provisions) Act 1976
- The Rent (Agriculture) Act 1976
- The Rent Act 1977
- The Protection from Eviction Act 1977
- The Education (Scotland) Act 1980
- The Local Government, Planning and Land Act 1980
- ...
- The Stock Transfer Act 1982
- The County Courts Act 1984
- Rent (Scotland) Act 1984
- The Housing Act 1985
- The Landlord and Tenant Act 1985
- The Education Act 1986
- The Housing (Scotland) Act 1987
- The Local Government Act 1988
- The Education Reform Act 1988
- The Housing (Scotland) Act 1988
- The Housing Act 1988
- The Social Security Act 1989
- SCHEDULE 12 Enactments Repealed
- Part I Local Authority Finance
- Part II Other Repeals
Feedback