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PART IIE+W PROVISION OF HOUSING ACCOMMODATION

Modifications etc. (not altering text)

C1Pt. II (ss. 8–57): power to apply certain functions conferred by Housing Act 1988 (c. 50, SIF 61), s. 65(2)(a)(4)

C2Pt. II (ss. 8-57) restricted (19.8.1996) by 1996 c. 49, s. 9(4)(a); S.I. 1996/2127, art. 2, Sch. Pt. I

[F1 Management agreements]E+W

Textual Amendments

F1Ss. 27, 27A, 27B and heading substituted for s. 27 and heading by Housing and Planning Act 1986 (c. 63, SIF 61), s. 10

27 Management agreements.E+W

(1)A local housing authority may, with the approval of the Secretary of State, agree that another person shall exercise as agent of the authority in relation to—

(a)such of the authority’s houses as are specified in the agreement, and

(b)any other land so specified which is held for a related purpose,

such of the authority’s management functions as are so specified.

(2)In this Act “management agreement” and “manager”, in relation to such an agreement, mean an agreement under this section and the person with whom the agreement is made.

(3)A management agreement shall set out the terms on which the authority’s functions are exercisable by the manager [F2and shall contain such provisions as may be prescribed by regulations made by the Secretary of State].

(4)A management agreement may, where the manager is a body or association, provide that the manager’s functions under the agreement may be performed by a committee or sub-committee, or by an officer, of the body or association.

[F3(5)The Secretary of State’s approval may be given—

(a)either generally to all local housing authorities or to a particular authority or description of authority, and

(b)either in relation to a particular case or in relation to a particular description of case,

and may be given unconditionally or subject to conditions.]

[F4(5A)Nothing in section 6 of the M1Local Government Act 1988 (restrictions on authority carrying out functional work) shall apply in relation to any management functions which, in pursuance of a management agreement, are carried out by the manager as agent of the local housing authority.]

[F5(6)References in this section to the management functions of a local housing authority in relation to houses or land—

(a)do not include such functions as may be prescribed by regulations made by the Secretary of State, but

(b)subject to that, include functions conferred by any statutory provision and the powers and duties of the authority as holder of an estate or interest in the houses or land in question.

(7)Regulations under this section—

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

(b)may contain such incidental, supplementary or transitional provisions as appear to the Secretary of State to be necessary or expedient, and

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

Textual Amendments

F2Words in s. 27(3) inserted (11.10.1993) by 1993 c. 28, s. 129(1); S.I. 1993/2134, arts. 2, 4(a).

F3S. 27(5) substituted (11.10.1993) by 1993 c. 28, s. 129(2); S.I. 1993/2134, arts. 2, 4(a).

F4S. 27(5A) inserted (1.10.1996) by 1996 c. 52, s. 222, Sch. 18 Pt. I para. 3(4); S.I. 1996/2402, art. 3 (subject to transitional provisions and savings in Sch.)

F5S. 27(6)(7) substituted (11.10.1993) for s. 27(6) by 1993 c. 28, s. 129(3); S.I. 1993/2134, arts. 2, 4(a).

Marginal Citations