http://www.legislation.gov.uk/id/ukpga/1989/42

http://www.legislation.gov.uk/ukpga/1989/42/section/149

Local Government and Housing Act 1989

An Act to make provision with respect to the members, officers and otherstaff and the procedure of local authorities; to amend Part III of the LocalGovernment Act 1974 and Part II of the Local Government (Scotland) Act 1975 and to provide for a national code of local government conduct; to makefurther provision about the finances and expenditure of local authorities(including provision with respect to housing subsidies) and about companiesin which local authorities have interests; to make provision for and inconnection with renewal areas, grants towards the cost of improvement andrepair of housing accommodation and the carrying out of works of maintenance,repair and improvement; to amend the Housing Act 1985 and Part III of theLocal Government Finance Act 1982; to make amendments of and consequentialupon Parts I, II and IV of the Housing Act 1988; to amend the Local GovernmentFinance Act 1988 and the Abolition of Domestic Rates Etc. (Scotland) Act 1987and certain enactments relating, as respects Scotland, to rating andvaluation, and to provide for the making of grants; to make provision withrespect to the imposition of charges by local authorities; to make furtherprovision about certain existing grants and about financial assistance to andplanning by local authorities in respect of emergencies; to amend sections 102and 211 of the Local Government (Scotland) Act 1973; to amend the Local LandCharges Act 1975; to enable local authorities in Wales to be known solely byWelsh language names; to provide for the transfer of new town housing stock;to amend certain of the provisions of the Housing (Scotland) Act 1987 relatingto a secure tenant’s right to purchase his house; to amend section 47 of theRace Relations Act 1976; to confer certain powers on the Housing Corporation,Housing for Wales and Scottish Homes; to make provision about security oftenure for certain tenants under long tenancies; to provide for the making ofgrants and giving of guarantees in respect of certain activities carried onin relation to the construction industry; to provide for the repeal of certainenactments relating to improvement notices, town development and educationsupport grants; to make, as respects Scotland, further provision in relationto the phasing of progression to registered rent for houses let by housingassociations or Scottish Homes and in relation to the circumstances in whichrent increases under assured tenancies may be secured; and for connectedpurposes.

1989-11-16

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Statute Law Database

2024-05-20

Expert Participation

2024-03-21

Local Government and Housing Act 1989

s. 65(2)(b)(ii)

Public Audit (Wales) Act 2004

Sch. 2

para. 11

s. 73

art. 2

Sch. 1

Local Government and Housing Act 1989

s. 76A

76B

Wales Act 2014

s. 24(2)

s. 29(5)(b)

Local Government and Housing Act 1989

s. 87(1A)

Wales Act 2014

s. 24(5)

s. 29(5)(b)

Part IX Miscellaneous and General

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

149 Statutory references to rating.

1

In the case of a provision which is made by or under any enactment and refers to a rate or a rateable value or any other factor connected with rating, the Secretary of State may make regulations—

a

providing that the reference shall instead be to some other factor (whether or not connected with rating); or

b

providing for the factor to be amended (whether by limiting its operation or in any other way);

and this section shall have effect in place of section 119 of the M1Local Government Finance Act 1988.

2

Regulations under this section—

a

may make provision in such manner as the Secretary of State thinks fit (whether by amending provisions or otherwise);

b

may provide for a factor expressed by reference to valuation, rent, a premium, the length of a lease, anything connected with rating, or any other matter whatever;

c

may provide for a factor expressed by reference to a combination of matters (whether expressed in terms of a formula or otherwise);

d

may provide for a factor which includes a method of adjustment (whether by reference to indexation or otherwise);

e

may make provision with respect to the resolution of disputes (whether by a court or otherwise); and

f

may contain such supplementary, incidental, consequential or transitional provisions as appear to the Secretary of State to be necessary or expedient.

3

A factor expressed by reference to rent may be by reference to ground rent, rent of premises at a market rate, rent as limited by law, or otherwise.

4

Nothing in this section shall be construed as limiting the power conferred by section 14 of the M2Interpretation Act 1978 to revoke, amend or vary regulations previously made under this section.

5

In this section “enactment” means an enactment contained in Schedule 10 to this Act, or in any other Act whether passed before or in the same Session as this Act; and for this purpose “Act” includes a private or local Act.

6

Without prejudice to the generality of the powers conferred by this section, section 37 of the M3Landlord and Tenant Act 1954 (which provides for compensation by reference to rateable values) shall be amended in accordance with Schedule 7 to this Act.