Modifications etc. (not altering text)
C1Pt. XVI (Ss. 527–577) amended by Local Government Act 1985 (c. 51, SIF 81:1), s. 57(7), Sch. 13 paras. 22 and 23 as substituted by Housing (Consequential Provisions) Act 1985 (c. 71, SIF 61), s. 4, Sch. 2 para. 61
C2Pt. XVI (Ss. 527–577) modified by S.I. 1986/797, regs. 2, 3–18
C3Pt. XVI (Ss. 527–577): power to apply certain functions conferred by Housing Act 1988 (c. 50, SIF 61), s. 65(2)(a)(4)
Pt. XVI (ss. 527-577) extended (5.7.1994) by 1994 c. 19, ss. 39, 66(2)(b), Sch. 13 para. 21(e) (with ss. 54(5)(7), 55(5))
Pt. XVI (ss. 527-577) modified (1.4.1995) by S.I. 1995/401, art. 18, Sch. para. 8(d)
(1)A notice or other document under this Part may be given to or served on a person, and an application or written request under this Part may be made to a person—
(a)by delivering it to him or leaving it at his proper address, or
(b)by sending it to him by post,
and also, where the person concerned is a body corporate, by giving or making it to or serving it on the secretary of that body.
(2)For the purposes of this section, and of section 7 of the M1Interpretation Act 1978 as it applies for the purposes of this section, the proper address of a person is—
(a)in the case of a body corporate or its secretary, the address of the principal office of the body,
(b)in any other case, his last known address,
and also, where an additional address for service has been specified by that person in a notice under section 548(2) (notice of intention to assume responsibility for repurchase), that address.
Marginal Citations
(1)The county court has jurisdiction—
(a)to determine any question arising under this Part notwithstanding that a declaration is the only relief sought, and
(b)to entertain any proceedings brought in connection with the performance or discharge of obligations arising under this Part, including proceedings for the recovery of damages in the event of the obligations not being performed.
(2)Subsection (1) has effect subject to—
sections 528(6) and 559(6) (questions of designation to be decided by designating authority), and
section 551(3) and paragraph 9 of Schedule 20 (questions of valuation to be determined by district valuer).
(3)Where an authority fail to extend or further extend a period when required to do so by—
(a)section 542(3) (reinstatement grant: period within which work is to be completed), or
(b)paragraph 2(2) or 6(2) of Schedule 20 (repurchase: period for service of request or notice by person entitled to assistance),
the county court may by order extend or futher extend that period until such date as may be specified in the order.
(4)F1. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(5)F1. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(6)F1. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Textual Amendments
F1S. 572(4)-(6) repealed (3.4.2006) by Constitutional Reform Act 2005 (c. 4), ss. 15, 146, 148(1), Sch. 4 para. 183, Sch. 18 Pt. 2; S.I. 2006/1014, art. 2(a), Sch. 1 paras. 10, 11(r), 29, 30(b)
(1)In this Part “public sector authority” means—
a local authority (or a predecessor of a local authority),
a joint board of which every constituent member is, or is appointed by, a local authority (or a predecessor of a local authority),
[F2a National Park authority (or a predecessor of such an authority),]
F3. . .
F3. . .
[F4a Welsh planning board,]
[F5the Natural Resources Body for Wales,]
[F6the National Rivers Authority]
the [F7Relevant Authority],
[F8a non-profit registered provider of social housing other than a co-operative housing association (or a predecessor housing association of such a provider),]
a [F9registered social landlord] other than a co-operative housing association (or a predecessor housing association of such [F9a landlord]),
a new town corporation,
F10. . .
the [F11British Coal Corporation][F12, the Coal Authority], or
the United Kingdom Atomic Energy Authority,
or a body corporate or housing association specified by order of the Secretary of State in accordance with the following provisions.
[F13(1A) For the purposes of subsection (1), “ a Welsh planning board ” means a board constituted under—
(a) section 2(1B) of the Town and Country Planning Act 1990; F14 . . .
F14( b ). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .]
(2)The Secretary of State may provide that a body corporate shall be treated as a public sector authority if he is satisfied—
(a)that the affairs of the body are managed by its members, and
(b)that its members hold office by virtue of appointment (to that or another office) by a Minister of the Crown under an enactment,
or if he is satisfied that it is a subsidiary of such a body.
(3)The Secretary of State may provide that a housing association shall be treated as a public sector authority if he is satisfied that the objects or powers of the association include the provision of housing accommodation for individuals employed at any time by a public sector authority or dependants of such individuals.
(4)Where the Secretary of State is satisfied that a body or association met the requirements of subsection (2) or (3) during any period, he may, whether or not he makes an order in respect of the body or association under that subsection, provide that is shall be treated as having been a public sector authority during that period.
(5)If the Secretary of State is satisfied that a body or association specified in an order under subsection (2) or (3) has ceased to meet the requirements of that subsection on any date, he may by order provide that it shall be treated as having ceased to be a public sector authority on that date.
(6)An order under this section shall be made by statutory instrument.
Textual Amendments
F2Entry in s. 573(1) inserted (23.11.1995) by 1995 c. 25, s. 78, Sch. 10 para. 24(3) (with ss. 7(6), 115, 117, Sch. 8 para. 7); S.I. 1995/2950, art. 2(1)
F3Entries in s. 573(1) repealed (1.4.1997) by 1995 c. 25, s. 120(3), Sch. 24 (with ss. 7(6), 115, 117); S.I. 1996/2560, art. 2
F4Entry in s. 573(1) inserted (1.4.1996) by 1994 c. 19, s. 20(4), Sch. 6 Pt. II para. 19 (with ss. 54(5)(7), 55(5)); S.I. 1996/396, art. 3
F5Entry in s. 573(1) inserted (1.4.2013) by The Natural Resources Body for Wales (Functions) Order 2013 (S.I. 2013/755), art. 1(2), Sch. 2 para. 184 (with Sch. 7)
F6Entry substituted by Water Act 1989 (c. 15, SIF 130), ss. 58(7), 101(1), 141(6), 160(1)(2)(4), 163, 189(4)–(10), 190(1), 193(1), Sch. 25 para. 74(1), Sch. 26 paras. 3(1)(2), 17, 40(4), 57(6), 58
F7Words in s. 573(1) 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
F8Entry in s. 573(1) inserted (1.4.2010) by The Housing and Regeneration Act 2008 (Consequential Provisions) Order 2010 (S.I. 2010/866), art. 1(2), Sch. 2 para. 36 (with art. 6, Sch. 3)
F9Words in s. 573(1) substituted (1.10.1996) by S.I. 1996/2325, art. 5(1), Sch. 2 para. 14(29)
F10Entry in s. 573(1) repealed (1.10.1998) by 1998 c. 38, s. 152, Sch. 18 Pt. IV (with ss. 137(1), 139(2), 141(1), 143(2)); S.I. 1998/2244, art. 4
F11Words in s. 573(1) substituted by Coal Industry Act 1987 (c. 3, SIF 86), s. 1(2), Sch. 1 para. 47
F12Words in s. 573(1) inserted (31.10.1994) by 1994 c. 21, s. 67(1), Sch. 9 para. 33 (with ss. 40(7), 66); S.I. 1994/2553, art. 2
F13S. 573(1A) inserted (1.4.1996) by 1994 c. 19, s. 20(4), Sch. 6 Pt. II para. 19 (with ss. 54(5)(7), 55(5)); S.I. 1996/396, art. 3
F14S. 573(1A)(b) and the word “or” immediately preceding it repealed (1.4.1997) by 1995 c. 25, s. 120(3), Sch. 24 (with ss. 7(6), 115, 117); S.I. 1996/2560, art. 2
Modifications etc. (not altering text)
C4S. 573(1) explained by Housing (Consequential Provisions) Act 1985 (c. 71, SIF 61), s. 5(1), Sch. 3 para. 5(3)
References in this Part to a disposal of an interest in a dwelling by a public sector authority include a disposal of—
(a)an interest belonging to Her Majesty in right of the Crown,
(b)an interest belonging to, or held in trust for Her Majesty for the purposes of, a government department or Minister of the Crown, or
(c)an interest belonging to Her Majesty in right of the Duchy of Lancaster or belonging to the Duchy of Cornwall.
(1)In this Part “dwelling” means any house, flat or other unit designed or adapted for living in.
(2)For the purposes of this Part a building so designed or adapted is a “house” if it is a structure reasonably so called; so that where a building is divided into units so designed or adapted—
(a)if it is so divided horizontally, or a material part of a unit lies above or below another unit, the units are not houses (though the building as a whole may be), and
(b)if it is so divided vertically, the units may be houses.
(3)Where a house which is divided into flsts or other units is a defective dwelling in respect of which a person is eligible for assistance, the fact that it is so divided shall be disregarded for the purposes of section 538(1)(a) (first condition for assistance by way of reinstatement: that the dwelling is a house).
In this Part “lending institution” means—
[F15an authorised deposit taker, or
an authorised insurer.]
Textual Amendments
F15Words in s. 576 substituted (1.12.2001) by S.I. 2001/3649, arts. 1, 299(7)
The following Table shows provisions defining or otherwise explaining expressions used in this Part (other than provisions defining or explaining an expressions used in the same section or paragraph:—
| the agreement (in Part III of Schedule 20) | paragraph 11(1) of Schedule 20 |
| appropriate percentage (in relation to reinstatement grant) | section 543(2) |
| associated arrangement | section 539(2) |
| [F16assured agricultural occupancy] | [F16section 622] |
| [F16assured tenancy] | [F16section 622] |
| the authority (in Part III of Schedule 20) | paragraph 11(1) of Schedule 20 |
| bank | section 622 |
| building society | section 622 |
| charge (in Part III of Schedule 20) | paragraph 11(2)(a) of Schedule 20 |
| the conveyance (in Part III of Schedule 20) | paragraph 11(1) of Schedule 20 |
| co-operative housing association | section 5(2) |
| F17. . . | F17. . . |
| cut-off date | sections 528(2)(b) and 559(3)(b) |
| defective dwelling | sections 528(2) and 559(3) |
| development corporation | section 4(c) |
| disposal | section 532(1) |
| disposal for value | section 532(3) |
| district (of a local housing authority) | section 2(1) |
| district valuer | section 622 |
| dwelling | section 575(1) |
| dwelling-house (in sections 553 to 557) | section 558(a) |
| eligible for assistance | sections 527 and 533 |
| house | section 575(2) |
| housing association | section 5(1) |
| insurance company | section 622 |
| the interest acquired (in Part III of Schedule 20) | paragraph 11(1) of Schedule 20 |
| interest in a dwelling | section 530(4) |
| interest to be acquired (in relation to repurchase) | paragraph 1 of Schedule 20 |
| lending institution | section 576 |
| local authority | section 4(e) |
| local housing authority | section 1, 2(2) |
| new town corporation | section 4(b) |
| [F18new towns residuary body | section 4(1)(g)] |
| notice of determination | section 540(1) |
| occupier (in sections 553 to 557 | section 558(b) |
| person entitled to assistance (by way of reinstatement grant or repurchase) | section 540(5) |
| previous disposal | section 532(4) |
| protected tenancy | section 622 |
| public sector authority | section 573 (and see section 574) |
| the purchase price (in Part III of Schedule 20) | paragraph 11(1) of Schedule 20 |
| purchasing authority | section 548(3) |
| qualifying defect | sections 528(2)(a) and 559(3)(a) |
| qualifying work | section 541(2) |
| [F19 registered social landlord] | [F19 section 5(4) and (5)] |
| reinstatement grant | section 541(1) |
| [F20 the Relevant Authority] | [F20 section 6A] |
| relevant charge (in Part III of Schedule 20) | paragraph 7(2) of Schedule 20 |
| relevant interest | section 530(1) |
| the relevant time (in relation to valuation for repurchase) | paragraph 7(2) of Schedule 20 |
| repurchase | section 547 |
| secure tenancy | section 79 (and see section 558(c)) |
| statutory tenancy and statutory tenant | section 622 |
| subsidiary | section 622 |
| time of disposal | section 532(2) |
| trustee savings bank | section 622 |
| the vendor (in Part III of Schedule 20) | paragraph 11(1) of Schedule 20 |
| work required to reinstate a defective dwelling | section 539(1) |
Textual Amendments
F16Entries inserted by Housing Act 1988 (c. 50, SIF 61), s. 140(1), Sch. 17 Pt. I para. 62
F17Entry in the Table in s. 577 repealed (1.11.1998) by 1998 c. 38, ss. 140, 152, Sch. 16 para. 20(a), Sch. 18 Pt. VI (with ss. 137(1), 139(2), 141(1), 143(2)); S.I. 1998/2244, art. 5
F18S. 577: entry in table inserted (1.12.2008) by The Housing and Regeneration Act 2008 (Consequential Provisions) Order 2008 (S.I. 2008/3002), art. 4, Sch. 1 para. 27 (with Sch. 2); S.I. 2008/3068, arts. 1(2), 2(1)(b) (with arts. 6-13)
F19Entry in the Table in s. 577 substituted (1.10.1996) by S.I. 1996/2325, art. 5(10, Sch. 2 para. 14(30)
F20Entry in the Table in s. 577 inserted (1.11.1998) by 1998 c. 38, s. 140, Sch. 16 para. 20(b) (with ss. 139(2), 141(1), 143(2)); S.I. 1998/2244, art. 5