Housing Act 1985

Other authorities and bodiesE+W

4 Other descriptions of authority.E+W

[F1(1)]In this Act—

(a)“housing authority” means a local housing authority [F2or a new town corporation];

(b)“new town corporation” means a development corporation or the [F3new towns residuary body];

(c)“development corporation” means a development corporation established by an order made, or having effect as if made, under the M1New Towns Act 1981;

(d)“urban development corporation” means an urban development corporation established under Part XVI of the M2Local Government, Planning and Land Act 1980;

(e)“local authority” means a county, [F4county borough,]district or London borough council, the Common Council of the City of London or the Council of the Isles of Scilly [F5, in sections 43, 44 and 232 includes the Broads Authority][F6, in sections 438, 441, 442, 443 and 458 includes the Broads Authority [F7, a joint authority established by Part 4 of the Local Government Act 1985, a joint waste authority]][F8and the London Fire and Emergency Planning Authority], and in sections 45(2)(b), 50(2), 51(6), 80(1), 157(1), 171(2), F9. . ., 573(1), paragraph 2(1) of Schedule 1, grounds 7 and 12 in Schedule 2, ground 5 in Schedule 3, paragraph 7(1) of Schedule 4, paragraph 5(1)(b) of Schedule 5 and Schedule 16 includes F10. . . [F11the Broads Authority][F6, a police authority established under [F12section 3 of the Police Act 1996,]]. . . F13. . . F14. . . F10. . . [F15, a joint authority established by Part 4 of the Local Government Act 1985, a joint waste authority][F8 and the London Fire and Emergency Planning Authority].

[F16(f)“housing action trust” means a housing action trust established under Part III of the Housing Act 1988]

[F17(g)“new towns residuary body” means—

(i)in relation to England, the Homes and Communities Agency so far as exercising functions in relation to anything transferred (or to be transferred) to it as mentioned in section 52(1)(a) to (d) of the Housing and Regeneration Act 2008; and

(ii)in relation to Wales, the Welsh Ministers so far as exercising functions in relation to anything transferred (or to be transferred) to them as mentioned in section 36(1)(a) (i) to (iii) of the New Towns Act 1981.]

[F18(2)In this section “joint waste authority” means an authority established for an area in England by an order under section 207 of the Local Government and Public Involvement in Health Act 2007.]

Textual Amendments

F1S. 4 renumbered (1.4.2008) as s. 4(1) by virtue of Local Government and Public Involvement in Health Act 2007 (c. 28), ss. 209, 245, Sch. 13 para. 41(1); S.I. 2008/917, art. 2(o)(p)

F2Words in s. 4(1)(a) substituted (1.10.1998) by 1998 c. 38, s. 129, Sch. 15 para. 7 (with ss. 139(2), 141(1), 143(2)); S.I. 1998/2244, art. 4

F4Words in s. 4(1)(e) inserted (1.4.1996) by 1994 c. 19. s. 22(2), Sch. 8 para. 5(3) (with ss. 54(5)(7), 55(5), Sch. 17 paras. 22(1), 23(2)); S.I. 1996/396, art. 3, Sch. 1

F6Words in s. 4(1)(e) inserted (1.10.1994 for certain purposes only and 1.4.1995 otherwise) by 1994 c. 29, s. 43, Sch. 4 Pt. II para. 58(a)(c); S.I. 1994/2025, art. 6; S.I. 1994/3262, art. 4, Sch.

F7Words in s. 4(1)(e) substituted (1.4.2008) by Local Government and Public Involvement in Health Act 2007 (c. 28), ss. 209, 245, Sch. 13 para. 41(2)(a); S.I. 2008/917, art. 2(o)(p)

F8Words in s. 4(1)(e) inserted (3.7.2000) by 1999 c. 29, s. 328(8), Sch. 29 Pt. I para. 42 (with Sch. 12 para. 9(1)); S.I. 2000/1094, art. 4(h)

F9Words in s. 4(1)(e) omitted (1.10.1994 for certain purposes only and 1.4.1995 otherwise) by virtue of 1994 c. 29, s. 43, Sch. 4 Pt. II para. 58(b); S.I. 1994/2025, art. 6; S.I. 1994/3262, art. 4, Sch.; and repealed (1.4.1995) by 1994 c. 29, s. 93, Sch. 9 Pt. I; S.I. 1994/3262, art. 4, Sch.

F12Words in s. 4(1)(e) substituted (22.8.1996) by 1996 c. 16, ss. 103, 104(1), Sch. 7 Pt. I para. 1(2)(v)

F13Words in s. 4(1)(e) repealed (1.4.2002) by 2001 c. 16, ss. 128, 137, Sch. 6 Pt. 3 para. 67, Sch. 7 Pt. 5; S.I. 2002/344, art. 3(k)(m) (with transitional provisions in art. 4)

F14Word in s. 4(1)(e) repealed (3.7.2000) by 1999 c. 29, s. 423, Sch. 34 Pt. VIII (with Sch. 12 para. 9(1)); S.I. 2000/1094, art. 4(1)

F15Words in s. 4(1)(e) substituted (1.4.2008) by Local Government and Public Involvement in Health Act 2007 (c. 28), ss. 209, 245, Sch. 13 para. 41(2)(b); S.I. 2008/917, art. 2(o)(p)

F18Words in s. 4(2) inserted (1.4.2008) by Local Government and Public Involvement in Health Act 2007 (c. 28), ss. 209, 245, Sch. 13 para. 41(3); S.I. 2008/917, art. 2(o)(p)

Modifications etc. (not altering text)

C1S. 4(e) extended by S.I. 1985/1884, art. 10, Sch. 3 para. 4(x)

Marginal Citations

5 Housing associations.E+W

(1)In this Act “housing association” means a society, body of trustees or company—

(a)which is established for the purpose of, or amongst whose objects or powers are included those of, providing, constructing, improving or managing, or facilitating or encouraging the construction or improvement of, housing accommodation, and

(b)which does not trade for profit or whose constitution or rules prohibit the issue of capital with interest or dividend exceeding such rate as may be prescribed by the Treasury, whether with or without differentiation as between share and loan capital.

(2)In this Act “fully mutual”, in relation to a housing association, means that the rules of the association—

(a)restrict membership to persons who are tenants or prospective tenants of the association, and

(b)preclude the granting or assignment of tenancies to persons other than members;

and “co-operative housing association” means a fully mutual housing association which is a society registered under the M3Industrial and Provident Societies Act 1965.

(3)In this Act “self-build society” means a housing association whose object is to provide, for sale to, or occupation by, its members, dwellings built or improved principally with the use of its members’ own labour.

[F19(4)In this Act “registered social landlord” means—

(a)a housing association registered in the register maintained by the Housing Corporation under section 1 of the Housing Act 1996, or

(b)a housing association registered in the register maintained by [F20the Secretary of State]] under section 1 of the Housing Act 1996,

subject as follows.

(5)References to registered social landlords include, where the context so permits, references to housing associations registered in the register maintained by Scottish Homes under section 3 of the Housing Associations Act 1985 (Scottish registered housing associations)..

Textual Amendments

F19S. 5(4)(5) substituted for s. 5(4) (1.10.1996) by S.I. 1996/2325, art. 5(1), Sch. 2 para. 14(2)

Modifications etc. (not altering text)

Marginal Citations

6 Housing trusts.E+W

In this Act “housing trust” means a corporation or body of persons which—

(a)is required by the terms of its constituent instrument to use the whole of its funds, including any surplus which may arise from its operations, for the purpose of providing housing accommodation, or

(b)is required by the terms of its constituent instrument to devote the whole, or substantially the whole, of its funds for charitable purposes and in fact uses the whole, or substantially the whole, of its funds for the purpose of providing housing accommodation.

[F216A The CorporationE+W

(1)In this Act “the [F22Relevant Authority]]” means the Housing Corporation, [F23the Secretary of State] or Scottish Homes, subject as follows.

(2)In relation to a housing association which is—

(a)a registered charity which has its address for the purposes of registration by the [F24Charity Commission] in Wales,

(b)a society registered under the Industrial and Provident Societies Act 1965 which has its registered office for the purposes of that Act in Wales, or

(c)a company [F25registered under the Companies Act 2006] which has its registered office for the purposes of that Act in Wales,

“the [F22Relevant Authority]” means [F23the Secretary of State].

(3)In relation to a housing association which is a society registered under the Industrial and Provident Societies Act 1965 which has its registered office for the purposes of that Act in Scotland, “the [F22Relevant Authority]” means Scottish Homes.

(4)In relation to any other housing association which is a registered charity, a society registered under the Industrial and Provident Societies Act 1965 or a company [F25registered under the Companies Act 2006], “the [F22Relevant Authority]” means the Housing Corporation.

[F26(4A)This section is subject to any provision made elsewhere in this Act.]

(5)In this section “registered charity” means a charity which is registered [F27in accordance with section 3A] of the Charities Act 1993 F28. . . .

Textual Amendments

F21S. 6A substituted (1.10.1996) by S.I. 1996/2325, art. 5(1), Sch. 2 para. 14(3)

F22Words in s. 6A substituted (1.11.1998) by 1998 c. 38, s. 140, Sch. 16 para. 5 (with ss. 139(2), 141(1), 143(2)); S.I. 1998/2244, art. 5

F23Words in s. 6A(1)(2) substituted (1.11.1998) by 1998 c. 38, s. 140, Sch. 16 para. 7 (with ss. 139(2), 141(1), 143(2)); S.I. 1998/2244, art. 5

F24Words in s. 6A(2) substituted (27.2.2007) by Charities Act 2006 (c. 50), ss. 75(1), 79(2), Sch. 8 para. 77(2); S.I. 2007/309, art. 2, Sch. (subject to arts. 4-13)

F25Words in s. 6A(2)(c)(4) substituted (1.10.2009) by The Companies Act 2006 (Consequential Amendments, Transitional Provisions and Savings) Order (S.I. 2009/1941), art. 2(1), {Sch. 1 para. 62(2)} (with art. 10)

F27Words in s. 6A(5) substituted (31.1.2009) by Charities Act 2006 (c. 50), ss. 75(1), 79(2), Sch. 8 para. 77(3)(a); S.I. 2008/3267, art. 2, Sch. (with arts. 3-17) (as amended (29.9.2009) by S.I. 2009/2648, art. 3)

F28Words in s. 6A(5) repealed (31.1.2009) by Charities Act 2006 (c. 50), ss. 75(1)(2), 79(2), Sch. 8 para. 77(3)(b), Sch. 9; S.I. 2008/3267, art. 2, Sch. (with arts. 3-17) (as amended (29.9.2009) by S.I. 2009/2648, art. 3)

Modifications etc. (not altering text)