§ Lords Amendment: No. 41, in page 28, line 28, leave out "that Act" and insert "the Rent Act 1968".
§ Mr. KaufmanI beg to move, That this House doth agree with the Lords in the said amendment.
The amendment merely clarifies an ambiguous reference in Schedule 5(2).
§ Question put and agreed to.
§ Subsequent Lords amendments agreed to, one as amended.
§
Lords Amendment: No. 44, in page 31, line 14, after "payment" insert:
(a) for paragraph (d) of subsection (1) there shall be substituted the following paragraph:—
(d) the carrying out of any improvement to the dwelling or of redevelopment on the land by a housing association which has previously acquired the land and at the date of the displacement either is registered or falls within section 18(1)(a) of the Housing Act 1974 (housing associations specified in orders under section 80 of the Housing Finance Act 1972 or paragraph 23 of Schedule 1 to the Housing Rents and Subsidies Act 1975);
(b) at the end of subsection (2) there shall be added (but not as part of paragraph (b)) the words "and in a case within subsection (1)(d) above, unless the displacement occurred on or after 31st July 1974 (on which date the Housing Act 1974 was passed)";
(c)".
§ Mr. KaufmanI beg to move, That this House doth agree with the Lords in the said amendment.
Mr. Deputy SpeakerWith this amendment we are to discuss at the same time Lords Amendments Nos. 45, 58 and 59.
§ Mr. KaufmanThese amendments widen the scope of the home loss and disturbance payments which are to be made by registered housing associations, when they displace tenants in order to carry out redevelopment or improvement projects.
The Land Compensation Act 1973 provided for home loss payments in Section 29 and disturbance payments in Section 37, and these were extended to tenants of registered housing associations, for the first time, by amendments contained in 239 the Housing Act 1974. The effect of the 1974 Act amendments was to provide for payments in respect of displacements which took place at a date when the association was registered and also on land which had been acquired at a time when the association was registered. It was not our intention to confine payments to land which was acquired at a time when the association was registered, and we now wish to remove this limitation.
§ Question put and agreed to.
§ Subsequent Lords amendment agreed to.
§
Lords Amendment: No. 46, in page 31, line 21, at end insert:
. At the end of section 17 of that Act (loans and grants limited to registered housing associations) there shall be added the following subsection:—
(5) Nothing in subsection (1)(b) above shall prevent a local authority, including a county council, from making loans under section 119(3)(a) of the Housing Act 1957 to an unregistered self-build society, as defined in section 12 above, for the purpose of enabling it to meet the whole or any part of arty expenditure incurred or to be incurred by it in carrying out its objects."
§ Mr. KaufmanI beg to move, That this House doth agree with the Lords in the said amendment.
The purpose of this amendment is to enable local authorities to make loans under Section 119(3)(a) of the Housing Act 1957 to self-build societies, which have not been registered by the Housing Corporation, on or after 1st April 1975.
§ Question put and agreed to.
§
Lords Amendment: No 47, in page 32, line 29, after "payment" insert:
in respect of a relevant contribution".
§ Mr. KaufmanI beg to move, That this House doth agree with the Lords in the said amendment.
§ Mr. KaufmanThese amendments relate to the new subsection (2A) to be inserted into Section 79 of the Housing Act 1974 by paragraph 13 of Schedule 5 to the Bill. They make it clear that the payments to which the new subsection 240 relates are not only payments in respect of improvement contributions under the 1974 Act but also of contributions towards the cost of improvements, including the provision of standard amenities, which were payable under the Housing Act 1969 or any similar contributions under earlier legislation.
The effect of the provision is that, if such payments had commenced before 1st April 1975, they will continue to be made until the end of their normal term under the appropriate legislation. But if payments had not commenced before 1st April 1975, no payment in respect of relevant contributions will be made, and reckonable expenditure in respect of the improvements for which payments would have been made will count instead for the new capital costs element of housing subsidy under the Bill.
§ Question put and agreed to.
§ Subsequent Lords amendments agreed to.
§
Lords amendment: No. 50, in page 33, line 40, at end insert:
. For section 114 of that Act (rehabilitation orders) there shall be substituted the following section:—
§ 'Rehabilitation orders
§ 114.—(1) This section applies to any house comprised in a clearance area under Part III of the Housing Act 1957—
- (a) which has been purchased by agreement or compulsorily at any time before 2nd December 1974 under section 43 of the Housing Act 1957, or
- (b) which is subject to a compulsory purchase order—
- (i) which was made under that section at any time before 2nd December 1974, and
- (ii) which, at any time before 2nd March 1975 has been confirmed in accordance with Schedule 3 to the Housing Act 1957; or
- (c) which has been included in the clearance area by virtue of section 49 of the Housing Act 1957.
§ (2) Where any house to which this section applies—
- (a) was included in the clearance area by reason of its being unfit for human habitation, and
- (b) in the opinion of the local authority is capable of being and ought to be, improved to the full standard,
§ (3) In addition to applying to any house to which this section applies, a rehabilitation 241 order may, if the local authority think fit, be made to apply to any other Part III land.
§ (4) Schedule 10 to this Act and, subject to paragraph 9 of that Schedule, Schedule 4 to the Housing Act 1957 shall have effect in relation to rehabilitation orders.
§ (5) On the effective date the local authority shall cease to be subject to any duty to demolish or secure the demolition of buildings on the land imposed by Part III of the Housing Act 1957.
§ (6) Where by virtue of subsection (5) above a local authority are freed from the duty to demolish or secure the demolition of a house which was included in a clearance area as being unfit for human habitation, the authority shall take such steps as are necessary—
- (a) to bring the house up to the full standard, or
- (b) where it is not vested in the authority, to ensure that it is brought up to that standard.
§ (7) A local authority may accept undertakings for the purpose of subsection (6)(b) above from the owner of a house, or any other person who has or will have an interest in a house, concerning works to be carried out to bring it up to the full standard and the time within which they are to be carried out.
§
(8) In this section and in Schedule 10 below—`
'effective date' means the date on which a rehabilitation order becomes operative;
'full standard' means the standard attained by a dwelling with respect to which the conditions mentioned in section 66(2) of this Act are fulfilled;
'local authority', in relation to land [...]eans the authority who are the local authority for the purposes of Part III of the Housing Act 1957 in relation to that land; and
'Part III land' means—
and 'house' has the same meaning for the purposes of this section and the Schedule as for those of the said Part III.'In section 115 of that Act (compensation) for subsection (5)(b) there shall be substituted the following paragraph:—
'(b) the effective date of the rehabilitation order, as defined in section 114 above,'".
§ Mr. KaufmanI beg to move, That this House doth agree with the Lords in the said amendment.
§ Mr. Deputy Speaker (Mr. George Thomas)With this we are to consider Lords amendment No. 52, in page 33, line 42, at end insert:
The following Schedule shall be substituted for Schedule 10 to that Act (rehabilitation orders):—