Part I, Section 4 · Local Government and Housing Act 1989

Contents

4Designation and reports of head of paid service.#

(1)It shall be the duty of every relevant authority—

(a)to designate one of their officers as the head of their paid service; and

(b)to provide that officer with such staff, accommodation and other resources as are, in his opinion, sufficient to allow his duties under this section to be performed.

(1A)In the case of an elected local policing body, the body's chief executive is to be taken to have been designated as the head of the body's paid service (and, accordingly, subsection (1)(a) does not apply; but references to persons designated under this section include references to the body's chief executive).

(2)It shall be the duty of the head of a relevant authority’s paid service, where he considers it appropriate to do so in respect of any proposals of his with respect to any of the matters specified in subsection (3) below, to prepare a report to the authority setting out his proposals.

(3)Those matters are—

(a)the manner in which the discharge by the authority of their different functions is co-ordinated;

(b)the number and grades of staff required by the authority for the discharge of their functions;

(c)the organisation of the authority’s staff; and

(d)the appointment and proper management of the authority’s staff.

(4)It shall be the duty of the head of a relevant authority’s paid service, as soon as practicable after he has prepared a report under this section, to arrange for a copy of it to be sent—

(a)in the case of an elected local policing body, to the body and to the police and crime panel for the body's police area; and

(aa)in the case of a fire and rescue authority created by an order under section 4A of the Fire and Rescue Services Act 2004, to the authority and to the police and crime panel for the police area—

(i)which corresponds to the authority's area, or

(ii)within which the area of the authority falls;

(ab)in the case of the London Fire Commissioner, to the Commissioner;

(b)in any other case, to each member of the authority.

(5)It shall be the duty of a relevant authority (other than an elected local policing body) to consider any report under this section by the head of their paid service at a meeting held not more than three months after copies of the report are first sent to members of the authority; and nothing in section 101 of the ^noteLocal Government Act 1972 or in section 56 of , or Schedule 10 or 20 to, the ^noteLocal Government (Scotland) Act 1973 (delegation) shall apply to the duty imposed by virtue of this subsection.

(5A)It shall be the duty of an elected local policing body to consider any report under this section by the head of the body's paid service, and to do so no later than three months after the body is sent a copy of the report.

(5B)It shall be the duty of a fire and rescue authority created by an order under section 4A of the Fire and Rescue Services Act 2004 to consider any report under this section by the head of the authority's paid service and to do so no later than three months after the authority is sent a copy of the report.

(5C)It shall be the duty of the London Fire Commissioner to consider any report under this section by the head of the Commissioner's paid service and to do so no later than three months after the Commissioner is sent a copy of the report.

(6)In this section “relevant authority”—

(a)in relation to England ^note..., means a local authority of any of the descriptions specified in paragraphs (a) to (e) and (ja) to (jc) of section 21(1) below , an elected local policing body , a fire and rescue authority created by an order under section 4A of the Fire and Rescue Services Act 2004 and the London Fire Commissioner;

(b)in relation to Scotland, council constituted under section 2 of the Local Government etc. (Scotland) Act 1994.

(7)This section shall come into force at the expiry of the period of two months beginning on the day this Act is passed.

Contains public sector information licensed under the Open Government Licence v3.0.

Defined terms · 99

Show every defined term

Act
includes a private or local Act.
agricultural building
has the same meaning as in that subsection;
agricultural land
means any land of more than two hectares which is agricultural lands and heritages within the meaning of subsection (2) of section 7 of this Act and is not land used exclusively for the pasturing of horses;
agricultural population
means— (a) persons whose employment or latest employment is or was employment inagriculture or in an industry mainly dependent on agriculture, and (b) the dependents of those persons;
agriculture
includes dairy-farming and poultry-farming andthe use of land as grazing, meadow or pasture land, or orchard or osier landor woodland, or for market gardens or nursery grounds;
appropriate tribunal
means—
area committee
has the same meaning as in section 18 of the Local Government Act 2000;
authorised company
means a company falling within paragraph (b) above.
building
includes part of a building, and b references to a new building include references to a building produced by the structural alteration of an existing building where the existing building is comprised in a hereditament which, by virtue of the alteration, becomes,or becomes part of, a different hereditament or different hereditaments.”
caravan
has the same meaning as it has for the purposes of Part I of the Caravan Sites and Control of Development Act 1960, and • “caravan site” means any land in respect of which a site licence is required under Part I of that Act, or would be so required if paragraph 4 and paragraph 11 of Schedule 1 to the Act (exemption of certain land occupied and supervised by organisations concerned with recreational activities and of land occupied by local authorities) were omitted.”
caravan site
means any land in respect of which a site licence is required under Part I of that Act, or would be so required if paragraph 4 and paragraph 11 of Schedule 1 to the Act (exemption of certain land occupied and supervised by organisations concerned with recreational activities and of land occupied by local authorities) were omitted.”
certified date
means the date certified by the localhousing authority as the date on which the execution of the eligible works iscompleted to their satisfaction;
charity
means any body, corporate or not, established for charitable purposes;
chief executive
means the person appointed under section 54 of the Local Government and Elections (Wales) Act 2021 as the chief executive of a council of a county or county borough in Wales;
class
means a class expressed by reference to whether hereditaments— a are occupied or owned by a person designated under section 53(1) above,and b fall within any description prescribed in relation to him under section53(1).”
combined authority
has the same meaning as in section 21(1)(jb);
combined county authority
has the same meaning as in section 21(1)(jba);
common parts
includes the structure and exterior of the building and common facilities provided, whether in the building or elsewhere, for persons who include the occupiers of one or more parts of the building.
completion notice
means a notice under this paragraph. 2 1 A completion notice shall specify the building to which it relates and state the day which the authority proposes as the completion day in relation to the building. 2 Where at the time a completion notice is served it appears to the authority that the building to which the notice relates is not completed, the authority shall propose as the completion day such day, not later than 3 months from and including the day on which the notice is served, as the authority considers is a day by which the building can reasonably be expected to be completed. 3 Where at the time a completion notice is served it appears to the authority that the building to which the notice relates is completed, the authority shall propose as the completion day the day on which the notice is served. 3 1 If the person on whom a completion notice is served agrees in writing with the authority by whom the notice is served that a day specified by the agreement shall be the completion day in relation to the building, that day shall be the completion day in relation to it. 2 Where such an agreement as is mentioned in sub-paragraph (1) above is made, the comple
constituent council
means— (a) in relation to a combined authority— (a) a county council the whole or any part of whose area is within the area of the authority, or (b) a district council whose area is within the area of the authority;
contingency planning
means the making, keeping under review and revising of plans and the carrying out of training associated with the plans.”
contravention
includes a failure to comply;
corporate joint committee
means a corporate joint committee established by regulations under Part 5 of the Local Government and Elections (Wales) Act 2021;
current assets
means assets not intended for such use;
deputy chief officer
means, subject to the following provisions of this section, a person who, as respects all or most of the duties of his post, is required to report directly or is directly accountable to one or more of the statutory or non-statutory chief officers.
disabled person
has the meaning assigned by section 114(6)above;
discretion
includes power to make a determination or give a direction.
document
includes accounts, books, deeds, contracts, bills, vouchers and receipts;
dwelling
means any building or part of a building occupied, or erected or adapted for occupation, as a dwelling or as a hostel (including any land belonging to it or usually enjoyed with it);
dwelling-house
includes any yard, garden, outhouses and appurtenances belonging to it or usually enjoyed with it and section 183 shall have effect to determine whether a dwelling-house is a flat.”
education functions
has the meaning given by section 579(1) of the Education Act 1996;
electronic communication
means a communication transmitted (whether from one person to another, from one device to another or from a person to a device or vice versa)—
employee
has the same meaning as in the the Employment Rights Act 1996;
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;
financial assistance
means assistance by way of grant or loan or by entering into a guarantee to secure any money borrowed and, in relation to any financial assistance,— a any reference to the amount of the assistance is a reference to the amount of money granted or lent by the local authority or borrowed in reliance on the local authority’s guarantee;
financial year
means the twelve months ending with 31st March;... • “local authority” includes a corporate joint committee;
fixed assets
means assets of a company that are intended for use on a continuing basis in the company's activities, and “current assets” means assets not intended for such use;
former 1954 Act tenancy
means a tenancy to which, by virtue of section 186(3) of this Act, this Schedule applies on and after 15th January 1999;
group repair scheme
has the meaning assigned by section127(1) above;
horses
has the same meaning as in section 6(4) of the Riding Establishments Act 1964.”
house
has the meaning given by section 338 of the Housing (Scotland) Act 1987;
house in multiple occupation
means a house in multiple occupation as defined by sections 254 to 259 of the Housing Act 2004, as they have effect for the purposes of Part 1 of that Act (that is, without the exclusions contained in Schedule 14 to that Act), but does not include any part of such a house which is occupied as a separate dwelling by persons who form a single household;
housing accommodation
means dwellings, houses in multiple occupation and hostels;
housing association
means a housing association within the meaning of section 1(1) of the Housing Associations Act 1985, or a body established by such a housing association for the purpose of, or having among its purposes or objects, those mentioned in section 4(3)(e) of that Act (providing services of any description for owners or occupiers of houses in arranging or carrying out works of maintenance, repair or improvement, or encouraging or facilitating the carrying out of such works;
improvement
includes alteration and enlargement;
information
includes accounts, estimates and returns.”
initial period
means the period of five years beginningwith the certified date;
inshore fisheries and conservation authority
means the authority for an inshore fisheries and conservation district established under section 149 of the Marine and Coastal Access Act 2009;
library premises
means— (a) any premises which are occupied by a library authority and are premises where library facilities are made available by the authority, in the course of their provision of a public library service, to members of the public;
local authority
includes a corporate joint committee;
local housing authority
has the same meaning as in the Housing Act 1985;
long tenancy
has the meaning given by paragraph 8 of Schedule 2 to the 2016 Act.
modifications
includes additions, alterations and omissions;
new successor body
means a body corporate established at any time by an order under section 67(3) of the Local Government Act 1985 (new body succeeding to residuary body’s functions).
new town corporation
means... a development corporation,within the meaning of the New Towns Act 1981;
non-constituent member
has the same meaning— (a) as in section 104A of the Local Democracy, Economic Development and Construction Act 2009 in relation to a combined authority;
non-statutory chief officer
means, subject to the following provisions of this section—
occupying tenant
has the meaning assigned by section105(2)(a) above;
owner
has the same meaning as in Part XI of the Housing Act1985;
participating landlord
has the meaning assigned by section105(3) above;
prescribed
means prescribed by the regulations concerned.
provided
means provided by construction or conversion;
purpose-built flat
means a part of a building which, at thedate of the construction of the building, was constructed as a flat.
registered assignation
means, in relation to such a lease,an assignation thereof which is so recorded or in respect of which the interest of the assignee has been so registered.”
registered lease
means a lease— (a) which is recorded in the general register of sasines;
registered social landlord
has the same meaning as in the Housing Act 1985 (see section 5(4)and (5) of that Act);
relevant authority
means a local authority of any of the descriptions specified in paragraphs (a) to (f), (h) to (jc) or (n) of section 21(1) below or any parish or community council;
relevant council
means the council of any county, county borough district or London borough, the Common Council of the City of London, a parish orcommunity council or any council in Scotland which is a local authority for the purposes of subsection (2) of section 50 of that Act (time off for public duties);
requisite interest
means an owner’s interest in everyparcel of land on which the works are to be carried out or, in a case where(if an application was made) section 104(4) above might apply, in part onlyof the land concerned.
residential building
has the same meaning as in section 289;
resolved
means— (a) in relation to a combined authority, resolved under section 104A(4) of the Local Democracy, Economic Development and Construction Act 2009;
secure contract
has the same meaning as in section 8 of the Renting Homes Wales Act 2016 (anaw 1).
secure tenancy
has the meaning assigned by section 79 of the Housing Act 1985;
slum clearance functions
means any of the functions under the provisions of Part IX of that Act relating to— but does not include functions under sections 308 to 311 of that Act (owner’s redevelopment or improvement).
standard occupation contract
has the same meaning as in section 8 of the Renting Homes (Wales) Act 2016 (anaw 1).
subordinate legislation
has the same meaning as in the Interpretation Act 1978.
tenancy
includes a sub-tenancy and an agreement for atenancy or sub-tenancy;
tenant
includes a sub-tenant and any person deriving titleunder the original tenant or sub-tenant;
the 1954 Act
means the Landlord and Tenant Act 1954;
the 1988 Act
means the Housing Act 1988;
the 2016 Act
means the Renting Homes (Wales) Act 2016 (anaw 1);
the appointed day
means the day appointed for the coming into force of this section.
the appropriate authority
means—
the appropriate Minister
has the same meaning as in section 118 below.”
the appropriate person
means—
the commencement day
means the day on which this section comes into force;
the Common Council
means the Common Council of the City of London;
the date of termination
has the meaning assigned by paragraph 4(4) below;
the disabled occupant
means the disabled person for whosebenefit it is proposed to carry out any of the relevant works.
the house
means the house to which the eligible worksrelate.
the Minister
means— (a) in relation to library authorities whose areas are in England, the Lord President of the Council;
the relevant apportionment
means the apportionment under section 44A(1) below which relates to the hereditament and is treated for the purposes of section 44A below as applicable for the day. 8 Subsection (9) below applies where— a a charging authority requires an apportionment under subsection (1) above,and b the hereditament to which the apportionment relates falls within a class prescribed under section 45(1)(d) below. 9 In relation to any day for which the apportionment is applicable, section 43 above shall have effect as regards the hereditament as if the following subsections were substituted for section 44(2)— 2 A is the sum of— a such part of the rateable value shown for the day un
the relevant period
means ten years or such other periodas the Secretary of State may by order provide.
the relevant works
has the meaning assigned by section102(2)(a) above;
the statutory chief officers
means—
unitary district council
means a district council whose area does not form part of the area of a county council;
welfare authority
means the council which is the localauthority for the purposes of the Local Authority SocialServices Act 1970 for the area in which the dwelling is situated.
written material
means— (a) any book, journal, pamphlet or other similar article;
year
has the same meaning as in Part XIII of the Housing Act 1985 (general financial provisions).