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Local Government and Housing Act 1989 (c. 42)

1989 CHAPTER 42

ARRANGEMENT OF SECTIONS

Go to Preamble

  1. Part I

    Local Authority Members, Officers, Staff and Committees etc.

    1. Political restriction of officers and staff

      1. 1. Disqualification and political restriction of certain officers and staff.

      2. 2. Politically restricted posts.

      3. 3. Grant and supervision of exemptions from political restriction.

    2. Duties of particular officers

      1. 4. Designation and reports of head of paid service.

      2. 5. Designation and reports of monitoring officer.

      3. 6. Officer responsible for financial administration of certain authorities.

    3. Appointment and management etc. of staff

      1. 7. All staff to be appointed on merit.

      2. 8. Duty to adopt standing orders with respect to staff.

      3. 9. Assistants for political groups.

      4. 10. Limit on paid leave for local authority duties.

      5. 11. Confidentiality of staff records.

      6. 12. Conflict of interest in staff negotiations.

    4. Voting rights of members of certain committees

      1. 13. Voting rights of members of certain committees: England and Wales.

      2. 14. Voting rights of members of certain committees: Scotland.

    5. Political balance on committees etc.

      1. 15. Duty to allocate seats to political groups.

      2. 16. Duty to give effect to allocations.

      3. 17. Exceptions to and extensions of political balance requirements.

    6. Allowances

      1. 18. Schemes for basic, attendance and special responsibility allowances for local authority members.

    7. Members' interests

      1. 19. Members' interests.

    8. Duty to adopt certain procedural standing orders

      1. 20. Duty to adopt certain procedural standing orders.

    9. Interpretation of Part I

      1. 21. Interpretation of Part I.

  2. Part II

    Local Government Administration

    1. 22. Advisory Commissioners.

    2. 23. Advice and guidance by Commissions for Local Administration and Scottish Commissioner.

    3. 24. Expenses of Commissions for Local Administration.

    4. 25. Annual reports of Commissions: new provisions.

    5. 26. Implementation of recommendations of Commissioners for Local Administration in England and Wales.

    6. 27. Implementation of recommendations of Commissioner for Local Administration in Scotland.

    7. 28. Consideration of adverse reports: England and Wales.

    8. 29. Consideration of adverse reports: Scotland.

    9. 30. Declaration of acceptance of office of councillor etc.

    10. 31. National Code of Local Government Conduct.

    11. 32. Anonymity in reports on investigations.

  3. Part III

    Economic Development and Discretionary Expenditure by Local Authorities

    1. 33. Promotion of economic development.

    2. 34. Restrictions on promotion of economic development.

    3. 35. Guidance and consultation about promotion of economic development.

    4. 36. Amendments of existing power to incur discretionary expenditure.

    5. 37. Conditions of provision of financial assistance.

    6. 38. Information etc. on individuals' rights.

  4. Part IV

    Revenue Accounts and Capital Finance of Local Authorities

    1. Introductory

      1. 39. Application of Part IV.

      2. 40. Capital purposes.

    2. Charge of expenditure to revenue accounts

      1. 41. Expenditure to be charged to revenue account.

      2. 42. Expenditure excluded from section 41(1).

    3. Borrowing

      1. 43. Borrowing powers.

      2. 44. Borrowing limits etc.

      3. 45. The authority’s own limits.

      4. 46. Register of loan instruments and certain existing loans.

      5. 47. Security for money borrowed etc.

    4. Credit arrangements

      1. 48. Credit arrangements.

      2. 49. Initial and subsequent cost of credit arrangements.

      3. 50. Limits on powers to enter into credit arrangements.

      4. 51. Variation of credit arrangements.

      5. 52. Transitional credit arrangements.

    5. Credit approvals

      1. 53. Basic credit approvals.

      2. 54. Supplementary credit approvals.

      3. 55. Criteria for issuing credit approvals.

      4. 56. Use of credit approvals by local authorities.

      5. 57. Effect of certain capital grants on credit approvals.

    6. Capital receipts

      1. 58. Capital receipts.

      2. 59. The reserved part of capital receipts.

      3. 60. The usable balance of capital receipts.

      4. 61. Capital receipts not wholly in money paid to the authority.

    7. Aggregate credit limit

      1. 62. Aggregate credit limit.

    8. Amounts set aside to meet credit liabilities

      1. 63. Duty to set certain amounts aside as provision to meet credit liabilities.

      2. 64. Use of amounts set aside to meet credit liabilities.

    9. Supplementary

      1. 65. Information.

      2. 66. Interpretation of Part IV.

  5. Part V

    Companies in which Local Authorities have interests

    1. 67. Application of, and orders under, Part V.

    2. 68. Companies controlled by local authorities and arm’s length companies.

    3. 69. Companies subject to local authority influence.

    4. 70. Requirements for companies under control or subject to influence of local authorities.

    5. 71. Control of minority interests etc. in certain companies.

    6. 72. Trusts influenced by local authorities.

    7. 73. Authorities acting jointly and by committees.

  6. Part VI

    Housing Finance

    1. Housing accounts

      1. 74. Duty to keep Housing Revenue Account.

      2. 75. The keeping of the Housing Revenue Account.

      3. 76. Duty to prevent debit balance on Housing Revenue Account.

      4. 77. Power to keep Housing Repairs Account.

      5. 78. Directions to secure proper accounting.

    2. Housing subsidies

      1. 79. Housing Revenue Account subsidy.

      2. 80. Calculation of Housing Revenue Account subsidy.

      3. 81. Consequential adjustment of rent rebate subsidy.

      4. 82. Residual debt subsidy for year 1989–90.

      5. 83. Calculation of residual debt subsidy.

      6. 84. Adjustment of housing subsidy for year 1989-90.

    3. Supplementary

      1. 85. Power to obtain information.

      2. 86. Recoupment of subsidy in certain cases.

      3. 87. Determinations and directions.

      4. 88. Construction and application of Part VI.

  7. Part VII

    Renewal Areas

    1. 89. Declaration of renewal area.

    2. 90. Conditions for declaration of renewal area.

    3. 91. Steps to be taken after declaration of renewal area.

    4. 92. Duty to publish information.

    5. 93. General powers of local housing authority.

    6. 94. Power to apply for orders extinguishing right to use vehicles on highway.

    7. 95. Exclusion of land from, or termination of, renewal area.

    8. 96. Contributions by the Secretary of State.

    9. 97. Powers of entry and penalty for obstruction.

    10. 98. Part VIII of Housing Act 1985.

    11. 99. Directions and guidance.

    12. 100. Interpretation of Part VII.

  8. Part VIII

    Grants Towards Cost of Improvements and Repairs etc.

    1. Introductory

      1. 101. Grants for improvements and repairs.

      2. 102. Applications for grants.

    2. Preliminary conditions

      1. 103. The age of the property.

      2. 104. The interest of the applicant in the property.

      3. 105. Common parts grants: preliminary conditions.

      4. 106. Certificate as to future occupation, etc.

    3. Restrictions on grant aid

      1. 107. Certain dwellings and works excluded from grant aid.

      2. 108. Restriction on grants for works already begun.

      3. 109. Owner-occupiers and tenants.

      4. 110. Landlords.

      5. 111. Tenants' common parts applications.

    4. Approvals, notification and payment

      1. 112. Duty to approve applications to render certain dwellings fit for human habitation.

      2. 113. Duty to approve applications arising out of certain statutory notices.

      3. 114. Approval of applications to provide certain facilities for the disabled.

      4. 115. Discretionary approval of certain applications.

      5. 116. Approval and refusal of applications.

      6. 117. Payment of grants.

    5. Conditions of grants and repayments

      1. 118. Conditions as to completion of works.

      2. 119. Condition as to availability for letting.

      3. 120. Condition requiring repayment of grant in case of certain disposals where certificate of intended letting given.

      4. 121. Condition requiring repayment of grant in case of certain disposals where owner-occupation certificate given.

      5. 122. Conditions relating to HMO grant.

      6. 123. Condition requiring repayment of grant on certain disposals in case of landlord’s common parts application.

      7. 124. Meaning of relevant disposal and exempt disposal for the purposes of sections 120 to 123.

      8. 125. Repayment of grant.

      9. 126. Renovation grants relating to two or more dwellings.

    6. Group repair schemes

      1. 127. Group repair schemes and persons eligible to participate.

      2. 128. Qualifying buildings and external works, etc.

      3. 129. Contributions by participants and limitations on works.

      4. 130. Payment of balance of costs in case of certain disposals.

    7. Minor works

      1. 131. Assistance for provision of minor works to dwellings.

    8. Supplementary provisions

      1. 132. Contributions by the Secretary of State.

      2. 133. Persons entitled to grants.

      3. 134. Cases in which grants may be re-calculated, withheld or repaid.

      4. 135. Power of local housing authority to carry out works which would attract grant.

      5. 136. Parsonages, charities etc.

      6. 137. Orders and regulations.

      7. 138. Interpretation of Part VIII.

  9. Part IX

    Miscellaneous and General

    1. Local Government Finance Act 1988, local finance (Scotland) and block grants

      1. 139. Local Government Finance Act 1988: amendments.

      2. 140. Scottish non-domestic rates: interim provisions.

      3. 141. Scottish non-domestic rate.

      4. 142. Powers to vary incidence of standard community charge: Scotland.

      5. 143. Reduced liability for personal community charges: Scotland.

      6. 144. Community charge grants: Scotland.

      7. 145. Amendment of Abolition of Domestic Rates Etc. (Scotland) Act 1987 and other enactments: Scotland.

      8. 146. Special grants.

      9. 147. Adjustment of block grant.

      10. 148. Rate support grant, 1985/86.

      11. 149. Statutory references to rating.

    2. Charges by certain authorities

      1. 150. Power to allow charges.

      2. 151. Power to amend provisions about charges.

      3. 152. Interpretation, consultation and commencement of ss. 150 and 151.

      4. 153. Charges: temporary traffic signs.

      5. 154. Charges: library services.

    3. Miscellaneous local government provisions

      1. 155. Emergency financial assistance to local authorities.

      2. 156. Contingency planning and co-ordination in respect of emergencies or disasters.

      3. 157. Commutation of, and interest on, periodic payments of grants etc.

      4. 158. Electronic transfer of documents.

      5. 159. Prevention of continuance or recurrence of default of local authority: Scotland.

      6. 160. Welsh language names for local authorities.

    4. Miscellaneous housing provisions

      1. 161. Housing authorities not required to keep a housing stock.

      2. 162. Determination of rents.

      3. 163. Exchanges between secure and assured tenants.

      4. 164. Exception to the right to buy in case of certain dwelling-houses for persons of pensionable age.

      5. 165. Unfit housing etc.

      6. 166. Amendments relating to defective housing.

      7. 167. Reports to tenants etc. on local housing authority functions.

      8. 168. Contributions towards costs of housing mobility arrangements.

      9. 169. Powers of local authorities and Secretary of State as respects services etc. for owners and occupiers of houses for work on them.

      10. 170. Powers of local authorities and Secretary of State as respects services, etc., for owners and occupiers of houses for work on them: Scotland.

      11. 171. Winding up of home purchase assistance scheme.

      12. 172. Transfer of new town housing stock.

      13. 173. Consent required for subsequent disposals.

      14. 174. Payment of disposal cost by instalments.

      15. 175. Repeal of the Town Development Act 1952.

      16. 176. Amendment of definition of occupation for purposes of purchase of house by secure tenant: Scotland.

      17. 177. Sale to secure tenants of houses provided for persons of pensionable age: Scotland.

      18. 178. Application of secure tenant’s right to buy to cases where landlord is lessee: Scotland.

      19. 179. Amendment of powers of Scottish Homes to dispose of land.

      20. 180. Race relations: codes of practice in housing field.

      21. 181. Duty of landlord to inform secure tenant seeking to buy house about changes in law: Scotland.

    5. Other provisions

      1. 182. Power to monitor activities of registered housing associations.

      2. 183. Extension of powers of Housing Corporation and Housing for Wales to give financial assistance.

      3. 184. Extension of functions of Audit Commission.

      4. 185. Publication of reports of Controller of Audit: Scotland.

      5. 186. Security of tenure on ending of long residential tenancies.

      6. 187. Construction industry: grants and guarantees.

      7. 188. Repeal of s. 2 of the Education (Grants and Awards) Act 1984.

      8. 189. Grants by Secretary of State towards costs of magistrates' courts etc.

    6. Supplementary

      1. 190. Regulations.

      2. 191. Separate provisions for Wales.

      3. 192. Financial provisions.

      4. 193. Application to Isles of Scilly.

      5. 194. Amendments and repeals.

      6. 195. Short title, commencement and extent.

    1. Schedule 1

      Political Balance on Local Authority Committees etc.

    2. Schedule 2

      Local Government Act 1972, section 137, as amended.

    3. Schedule 3

      Provisions Supplementing Part IV.

      1. Part I

        Effect of Overspend in 1989-90 on Credit Approvals.

      2. Part II

        Non-Monetary Consideration received before April 1990.

      3. Part III

        Credit Ceiling.

      4. Part IV

        Minimum Revenue Provision.

    4. Schedule 4

      The Keeping of the Housing Revenue Account.

      1. Part I

        Credits to the Account.

      2. Part II

        Debits to the Account.

      3. Part III

        Special Cases.

      4. Part IV

        Supplementary Provisions.

    5. Schedule 5

      Local Government Finance Act 1988: Amendments.

    6. Schedule 6

      Amendment of Scottish Enactments.

    7. Schedule 7

      Compensation Provisions of Landlord and Tenant Act 1954, Part II.

    8. Schedule 8

      Welsh Language Names for Local Authorities.

    9. Schedule 9

      Amendments of Parts VI, IX, XI, XVII and XVIII of the Housing Act 1985.

      1. Part I

        Amendments of Part VI.

      2. Part II

        Amendments of Part IX.

      3. Part III

        Amendments of Part XI.

      4. Part IV

        Amendments of Part XVII.

      5. Part V

        Amendments of Part XVIII.

    10. Schedule 10

      Security of Tenure on Ending of Long Residential Tenancies.

    11. Schedule 11

      Minor and Consequential Amendments.

    12. Schedule 12

      Enactments Repealed.

      1. Part I

        Local Authority Finance.

      2. Part II

        Other Repeals.

An Act to make provision with respect to the members, officers and other staff and the procedure of local authorities; to amend Part III of the Local Government Act 1974 and Part II of the Local Government (Scotland) Act 1975 and to provide for a national code of local government conduct; to make further provision about the finances and expenditure of local authorities (including provision with respect to housing subsidies) and about companies in which local authorities have interests; to make provision for and in connection with renewal areas, grants towards the cost of improvement and repair of housing accommodation and the carrying out of works of maintenance, repair and improvement; to amend the Housing Act 1985 and Part III of the Local Government Finance Act 1982; to make amendments of and consequential upon Parts I, II and IV of the Housing Act 1988; to amend the Local Government Finance Act 1988 and the Abolition of Domestic Rates Etc. (Scotland) Act 1987 and certain enactments relating, as respects Scotland, to rating and valuation, and to provide for the making of grants; to make provision with respect to the imposition of charges by local authorities; to make further provision about certain existing grants and about financial assistance to and planning by local authorities in respect of emergencies; to amend sections 102 and 211 of the Local Government (Scotland) Act 1973; to amend the Local Land Charges Act 1975; to enable local authorities in Wales to be known solely by Welsh language names; to provide for the transfer of new town housing stock; to amend certain of the provisions of the Housing (Scotland) Act 1987 relating to a secure tenant’s right to purchase his house; to amend section 47 of the Race Relations Act 1976; to confer certain powers on the Housing Corporation, Housing for Wales and Scottish Homes; to make provision about security of tenure for certain tenants under long tenancies; to provide for the making of grants and giving of guarantees in respect of certain activities carried on in relation to the construction industry; to provide for the repeal of certain enactments relating to improvement notices, town development and education support grants; to make, as respects Scotland, further provision in relation to the phasing of progression to registered rent for houses let by housing associations or Scottish Homes and in relation to the circumstances in which rent increases under assured tenancies may be secured; and for connected purposes.

[16th November 1989]

Be it enacted by the Queen’s most Excellent Majesty, by and with the advice and consent of the Lords Spiritual and Temporal, and Commons, in this present Parliament assembled, and by the authority of the same, as follows:—

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