Housing Grants, Construction and Regeneration Act 1996

Miscellaneous provisionsU.K.

141 Existing housing grants: meaning of exempt disposalE+W+N.I.

(1)Section 124 of the M1Local Government and Housing Act 1989 (relevant and exempt disposals for purposes of housing grants) is amended as follows.

(2)In subsection (3) (exempt disposals), for paragraph (c) substitute—

“(c)a disposal of the whole of the dwelling in pursuance of any such order as is mentioned in subsection (4A) below;”.

(3)After subsection (4) insert—

“(4A)The orders referred to in subsection (3)(c) above are orders under—

(a)section 24 or 24A of the Matrimonial Causes Act 1973 (property adjustment orders or orders for the sale of property in connection with matrimonial proceedings),

(b)section 2 of the Inheritance (Provision for Family and Dependants) Act 1975 (orders as to financial provision to be made from estate),

(c)section 17 of the Matrimonial and Family Proceedings Act 1984 (property adjustment orders or orders for the sale of property after overseas divorce, &c.), or

(d)paragraph 1 of Schedule 1 to the Children Act 1989 (orders for financial relief against parents);”.

142 Home energy efficiency schemes.E+W+S

(1)In section 15 of the M2Social Security Act 1990 (grants for the improvement of energy efficiency in certain dwellings, &c.) for subsection (1) (power to make grants) substitute—

“(1)The Secretary of State may make or arrange for the making of grants—

(a)towards the cost of carrying out work for the purpose of—

(i)improving the thermal insulation of dwellings, or

(ii)otherwise reducing or preventing the wastage of energy in dwellings (whether in connection with space or water heating, lighting, the use of domestic appliances or otherwise), and

(b)where any such work is, or is to be, carried out, towards the cost of providing persons with advice on reducing or preventing the wastage of energy in dwellings;

but no grants shall be made under this section except in accordance with regulations made by the Secretary of State.”.

(2)In subsection (10) of that section, after the definition of “functions”, insert—

• ““materials” includes space and water heating systems;”.

143 Urban development corporations: pre-dissolution transfers.E+W+S

(1)After section 165A of the M3Local Government, Planning and Land Act 1980 insert—

“165B Transfer of property, rights and liabilities to statutory bodies.

(1)Subject to this section, the Secretary of State may at any time by order transfer to a statutory body, upon such terms as he thinks fit, any property, rights or liabilities which—

(a)are for the time being vested in an urban development corporation, and

(b)are not proposed to be transferred under section 165 or 165A above.

(2)An order under this section may terminate—

(a)any appointment of the corporation under subsection (1) of section 177 of the Leasehold Reform, Housing and Urban Development Act 1993 (power of corporations to act as agents of the Urban Regeneration Agency); and

(b)any arrangements made by the corporation under subsection (2) of that section.

(3)An order under this section may—

(a)establish new bodies corporate to receive any property, rights or liabilities to be transferred by an order under this section;

(b)amend, repeal or otherwise modify any enactment for the purpose of enabling any body established under any enactment to receive such property, rights or liabilities.

(4)An order under this section—

(a)may contain such incidental, consequential, transitional or supplementary provision as the Secretary of State thinks necessary or expedient (including provisions amending, repealing or otherwise modifying any enactment); and

(b)shall be made by statutory instrument which shall be subject to annulment in pursuance of a resolution of either House of Parliament.

(5)Before making an order under this section, the Secretary of State shall consult each local authority in whose area all or part of the urban development area is situated.

(6)In this section—

• “enactment” includes any instrument made under any enactment;

• “statutory body” means any body established under this section or any other enactment.”.

(2)In consequence of the above amendment, the Local Government, Planning and Land Act 1980 is amended as follows.

(3)In section 165(9) (meaning of local authority) for “sections 165A and 166" substitute “ sections 165A to 166 ”.

(4)In section 165A(1) (power of Secretary of State to transfer property &c. to himself) for paragraph (b) substitute—

“(b)are not proposed to be transferred under section 165 above or 165B below.”.

(5)In section 166(5) (dissolution of corporations) after “section 165A" insert “ or 165B ”.

144 Housing action trusts: orders for dissolution.E+W

(1)Section 88 of the M4Housing Act 1988 (dissolution of housing action trusts) is amended as follows.

(2)In subsection (4) (contents of dissolution orders) after paragraph (a) insert—

“(aa)where it provides for any such disposal or transfer as is mentioned in subsection (2)(b) above, may contain provisions—

(i)establishing new bodies corporate to receive the disposal or transfer; or

(ii)amending, repealing or otherwise modifying any enactment for the purpose of enabling any body established under any enactment to receive the disposal or transfer;”.

(3)In paragraph (b) of that subsection (supplementary and transitional provisions) for the words from “any enactment", where it first appears, to “order" substitute “ , repealing or otherwise modifying any enactment ”.

(4)After that subsection insert—

“(5)In this section “enactment” includes any instrument made under any enactment.”.

F1145 The Commission for the New Towns: orders for dissolution.E+W

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