Housing Act 1985

[F1 171C Modifications of this Part in relation to preserved right. E+W

(1) Where the right to buy is preserved, the provisions of this Part have effect subject to such exceptions, adaptations and other modifications as may be prescribed by regulations made by the Secretary of State.

(2) The regulations may in particular provide—

(a) that paragraphs [F2 1, 3 and] 5 to 11 of Schedule 5 (certain exceptions to the right to buy) do not apply;

(b) that the right to a mortgage is exercisable against the former landlord or, if the former landlord was a housing association, against the [F3 Corporation];

(c) that the provisions of this Part relating to the right to be granted a shared ownership lease do not apply; and

(d) that the landlord is not required to but may include a covenant for the repayment of discount, provided its terms are no more onerous than those of the covenant provided for in section 155.

(3) The prescribed exceptions, adaptations and other modifications shall take the form of textual amendments of the provisions of this Part as they apply in cases where the right to buy is preserved; and the first regulations, and any subsequent consolidating regulations, shall set out the provisions of this Part as they so apply.

(4) The regulations—

(a) may make different provision for different cases or descriptions of case, including different provision for different areas,

(b) may contain such incidental, supplementary and transitional provisions as the Secretary of State considers appropriate, and

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

[F4 (5) The disapplication by the regulations of paragraph 1 of Schedule 5 shall not be taken to authorise any action on the part of a charity which would conflict with the trusts of the charity.]]

Textual Amendments

F1 Ss. 171A–171H inserted by Housing and Planning Act 1986 (c. 63, SIF 61), s. 8(1)

F2 Words inserted by Housing Act 1988 (c. 50, SIF 61), s. 127(2)

F3 Word substituted by Housing Act 1988 (c. 50, SIF 61), s. 140(1), Sch. 17 Pt. II para. 106

F4 S. 171C(5) added by Housing Act 1988 (c. 50, SIF 61), s. 127(3)