Housing Associations Act 1985

1985 CHAPTER 69

An Act to consolidate certain provisions of the Housing Acts relating to housing associations, with amendments to give effect to recommendations of the Law Commission and of the Scottish Law Commission.

[30th October 1985]

Be it enacted by the Queen’s most Excellent Majesty, by and with the advice and consent of the Lords Spiritual and Temporal, and Commons, in this present Parliament assembled, and by the authority of the same, as follows:—

Modifications etc. (not altering text)

C1 A Table showing the derivations of the provisions of this consolidation Act will be found at the end of the Act. The Table has no official status.

C2 Act: certain functions transferred to the National Assembly for Wales (1.7.1999) by S.I. 1999/672, art. 2, Sch. 1

C3 Act restricted (S.) by Housing (Scotland) Act 1987 (c. 26, SIF 61), s. 22(4)

Act amended (E.W.) (24.9.1996) by 1996 c. 52, ss. 221(1)(b), 232(2)

Commencement Information

I1 Act wholly in force at 1.4.1986 see s. 107(2)

Part I E+W+S Regulation of Housing Associations

Introductory E+W+S

1 Meaning of “housing association” and related expressions. E+W+S

(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 [F1 ;]

[F2 [F3 but does not include Scottish Homes.]]

(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 M1 Industrial and Provident Societies Act 1965 [F4 (in this part referred to as “the 1965 Act”)] .

(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.

Textual Amendments

F1 Words added by Housing (Scotland) Act 1988 (c. 43, SIF 61), ss. 1, 3(3), Sch. 2 para. 6

F2 Words in s. 1(1) repealed (S.) (1.11.2001) by 2001 asp 10, s. 112, Sch. 10 para. 11(2); S.S.I. 2001/336, art. 2(3) (with transitional provisions and savings in art. 3)

F3 Words added by Housing (Scotland) Act 1988 (c. 43, SIF 61), ss. 1, 3(3), Sch. 2 para. 6

F4 Words in s. 1(2) repealed (E.W.) (1.10.1996) by S.I. 1996/2325, art. 4(1), Sch. 1 Pt. I (with art. 4(2)(3))

Marginal Citations

M1 1965 c. 12.

2 Meaning of “housing trust”. E+W+S

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 to charitable purposes and in fact uses the whole, or substantially the whole, of its funds for the purpose of providing housing accommodation.

F5 2A . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . E+W+S

Textual Amendments

F5 S. 2A repealed (1.10.1996) by S.I. 1996/2325, art. 4(1), Sch. 1 Pts. I, II (with art. 4(2)(3))

[F6 2B Meaning of “registered housing association”, “registered social landlord” etc. S

In this Act, unless the context otherwise requires—

“registered housing association” means a housing association registered in the register [F7 of social landlords maintained under section 57 of the Housing (Scotland) Act 2001 (asp 10)],

[F8 “registered social landlord” has the same meaning as in Part I of the Housing Act 1996, and]

“unregistered”, in relation to a housing association, means neither registered in the register [F9 of social landlords maintained under section 57 of the Housing (Scotland) Act 2001 (asp 10)].]

Textual Amendments

F6 S. 2B inserted (1.10.1996) by S.I. 1996/2325, art. 5(1), Sch. 2 para. 15(2)

F7 Words in s. 2B substituted (S.) (1.11.2001) by 2001 asp. 10, s. 112, Sch. 10 para. 11(3)(c), S.I. 2001/336, art. 2(2), Sch. Pt. II Table (with transitional provisions and savings in art. 3)

F8 Words in s. 2B repealed (S.) (1.11.2001) by 2001 asp. 10, s. 112, Sch. 10 para. 11(3)(b), S.I. 2001/336, art. 2(2), Sch. Pt. II Table (with transitional provisions and savings in art. 3)

F9 Words in s. 2B substituted (S.) (1.11.2001) by 2001 asp. 10, s. 112, Sch. 10 para. 11(3)(a), S.I. 2001/336, art. 2(2), Sch. Pt. II Table (with transitional provisions and savings in art. 3)

Registration E+W+S

F10 3 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . E+W+S

Textual Amendments

F10 S. 3 repealed (E.W.) (1.10.1996) by 1996 c. 52, s. 227, Sch. 19 Pt. I; S.I. 1996/2402, art. 3 (subject to transitional provisions and savings in Sch.) and (S.) (1.11.2001) by 2001 asp 10, s. 112, Sch. 10 para. 11(4); S.S.I. 2001/336, art. 2(3), Sch. Pt. II Table (subject to transitional provisions and savings in art. 3)

F11 4 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . E+W+S

Textual Amendments

F11 S. 4 repealed (E.W.) (1.10.1996) by 1996 c. 52, s. 227, Sch. 19 Pt. I; S.I. 1996/2402, art. 3 (subject to transitional provisions and savings in Sch.) and (S.) (1.11.2001) by 2001 asp 10, s. 112, Sch. 10 para. 11(4); S.S.I. 2001/336, art. 2(3), Sch. Pt. II Table (subject to transitional provisions and savings in art. 3)

F12 5 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . E+W+S

Textual Amendments

F12 S. 5 repealed (E.W.) (1.10.1996) by 1996 c. 52, s. 227, Sch. 19 Pt. I; S.I. 1996/2402, art. 3 (subject to transitional provisions and savings in Sch.) and (S.) (1.11.2001) by 2001 asp 10, s. 112, Sch. 10 para. 11(4); S.S.I. 2001/336, art. 2(3), Sch. Pt. II Table (subject to transitional provisions and savings in art. 3)

F13 6 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . E+W+S

Textual Amendments

F13 S. 6 repealed (E.W.) (1.10.1996) by 1996 c. 52, s. 227, Sch. 19 Pt. I; S.I. 1996/2402, art. 3 (subject to transitional provisions and savings in Sch.) and (S.) (1.11.2001) by 2001 asp 10, s. 112, Sch. 10 para. 11(4); S.S.I. 2001/336, art. 2(3), Sch. Pt. II Table (subject to transitional provisions and savings in art. 3)

F14 7 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . E+W+S

Textual Amendments

F14 S. 7 repealed (E.W.) (1.10.1996) by 1996 c. 52, s. 227, Sch. 19 Pt. I; S.I. 1996/2402, art. 3 (subject to transitional provisions and savings in Sch.) and (S.) (1.11.2001) by 2001 asp 10, s. 112, Sch. 10 para. 11(4); S.S.I. 2001/336, art. 2(3), Sch. Pt. II Table (subject to transitional provisions and savings in art. 3)

Disposal of land E+W+S

F15 8 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . E+W+S

Textual Amendments

F15 S. 8 repealed (E.W.) (1.10.1996) by 1996 c. 52, s. 227, Sch. 19 Pt. I; S.I. 1996/2402, art. 3 (subject to transitional provisions and savings in Sch.) and (S.) (1.11.2001) by 2001 asp 10, s. 112, Sch. 10 para. 11(4); S.S.I. 2001/336, art. 2(3), Sch. Pt. II Table (subject to transitional provisions and savings in art. 3)

[F17 9 Control by [F16 Corporation] of dispositions of land by housing associations. E+W

F18 (1) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

[F19 (1A) Subject to section 10, the consent of the relevant Corporation is required for any disposition of grant-aided land (as defined in Schedule 1) by an unregistered housing association; and for this purpose “the relevant Corporation” means,—

(a) if the land is in England, the Housing Corporation;

(b) if the land is in Scotland, Scottish Homes; and

(c) if the land is in Wales, [F20 the Secretary of State].]

(2) [F21 Consent under this section] may be so given—

(a) generally to all housing associations or to a particular housing association or description of association;

(b) in relation to particular land or in relation to a particular description of land;

and may be given subject to conditions.

(3) A disposition by a housing association which requires [F22 consent] under this section is valid in favour of a person claiming under the association notwithstanding that [F22 that consent] has not been given; and a person dealing with the association, or with a person claiming under the association, shall not be concerned to see or inquire whether any such consent has been given.

This subsection has effect subject to section 12 (avoidance of certain dispositions of houses without consent).

F23 (4) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(5) For the purposes of this section “disposition” means sale, lease, mortgage, charge or any other disposal.

[F24 (6) References in this section to consent are references,—

(a) in the case of the Housing Corporation F25 . . ., to consent given by order under the seal of the Corporation; and

(b) in the case of [F26 the Secretary of State or]Scottish Homes, to consent in writing.]]

Textual Amendments

F16 Words substituted by Housing Act 1988 (c. 50, SIF 61), s. 59(2)(3)(4), Sch. 6 Pt. I para. 2

F17 S. 9 repealed (S.) (1.11.2001) by 2001 asp 10, s. 112, Sch. 10 para. 11(4), S.S.I. 2001/336, art. 2, Sch. Pt. II (subject to transitional provisions and savings in art. 3)

F18 S. 9(1) repealed (E.W.) (1.10.1996) by 1996 c. 52, s. 227, Sch. 19 Pt. I; S.I. 1996/2402, art. 3 (with transitional provisions and savings in Sch.)

F19 S. 9(1A) substituted for s. 9(1) by Housing Act 1988 (c. 50, SIF 61), s. 59(2)(3)(4), Sch. 6 Pt. I para. 7(1)

F20 Words in s. 9(1A)(c) substituted (1.11.1998) by 1998 c. 38, s. 140, Sch. 16 para. 24(2) (with ss. 139(2), 143(2)); S.I. 1998/2244, art. 5

F21 Words in s. 9(2) substituted (1.10.1996) by S.I. 1996/2325, art. 15(1), Sch. 2 para. 15(10)

F22 Words substituted by Housing Act 1988 (c. 50, SIF 61), s. 59(2)(3)(4), Sch. 6 Pt. I para. 7(2)(a)(b)

F23 S. 9(4) repealed (E.W.) (1.10.1996) by 1996 c. 52, s. 227, Sch. 19 Pt. I; S.I. 1996/2402, art. 3 (with transitional provisions and savings in Sch.)

F24 S. 9(6) added by Housing Act 1988 (c. 50, SIF 61), s. 59(2)(3)(4), Sch. 6 Pt. I para. 7(3)

F25 Words in s. 9(6)(a) repealed (1.11.1998) by 1998 c. 38, ss. 140, 152, Sch. 16 para. 24(3)(a), Sch. 18 Pt. VI (with ss. 137(1), 139(2), 141(1), 143(2)); S.I. 1998/2244, art. 5

F26 Words in s. 9(6)(b) inserted (1.11.1998) by 1998 c. 38, s. 140, Sch. 16 para. 24(3)(b) (with ss. 139(2), 143(2)); S.I. 1998/2244, art. 5

Modifications etc. (not altering text)

C4 S. 9 amended by (E.W.) Local Government and Housing Act 1989 (c. 42, SIF 61), s. 173(6)(7); Housing Act 1988 (c. 50, SIF 61), s.81(7); modified by Housing Act 1988 (c. 50, SIF 61), s. 58(3)(4); excluded by (E.W.) Housing Act 1988 (c. 50, SIF 61) s. 105(6), s 133(6)(7); (Scotland) Housing (Scotland) Act 1988 (c. 43, SIF 61), s. 63(3)

C5 S. 9(1)(1A) excluded (E.W.) (1.11.1993) by 1993 c. 28, s. 37, Sch. 10 para. 1(2)(b) (with ss. 56(6), 94(2), 95); S.I. 1993/2134, art. 5.

[F27 10 Dispositions excepted from s. 9. E+W

(1) A disposition by an unregistered housing association which is a charity is not within section 9 if by virtue of [F28 sections 36 and 38 of the Charities Act 1993] it cannot be made without an order of the court or the Charity Commissioners; but [F29 before making an order in such a case the Charity Commissioners shall consult,—

(a) in the case of dispositions of land in England, the Housing Corporation;

(b) in the case of dispositions of land in Scotland, Scottish Homes; and

(c) in the case of dispositions of land in Wales, [F30 the Secretary of State].]

(2) A letting F31 . . . by an unregistered housing association which is a housing trust, is not within section 9 if it is—

(a) a letting of land under a secure tenancy, or

(b) a letting of land under what would be a secure tenancy but for any of paragraphs 2 to 12 of [F32 Schedule 1 to the Housing Act 1985] or [F33 paragraphs 1 to 8 of Schedule 2 to the Housing (Scotland) Act 1987] (tenancies excepted from being secure tenancies for reasons other than that they are long leases) [F34 or

(c) a letting of land under an assured tenancy or an assured agricultural occupancy, or

(d) a letting of land in England or Wales under what would be an assured tenancy or an assured agricultural occupancy but for any of paragraphs 4 to 8 of Schedule 1 to the Housing Act 1988, or

(e) a letting of land in Scotland under what would be an assured tenancy but for any of paragraphs 3 to 8 and 12 of Schedule 4 to the Housing (Scotland) Act 1988.]

(3) The grant by an unregistered housing association which does not satisfy the landlord condition in section 80 of the Housing Act 1985 (bodies which are capable of granting secure tenancies) of a lease for a term ending within the period of seven years and three months beginning on the date of the grant is not within section 9 unless—

(a) there is conferred on the lessee (by the lease or otherwise) an option for renewal for a term which, together with the original term, would expire outside that period, or

(b) the lease is granted wholly or partly in consideration of a fine.

(4) In subsection (3) the expression “lease” includes an agreement for a lease and a licence to occupy, and the expressions “grant” and “term” shall be construed accordingly.]

Textual Amendments

F27 S. 10 repealed (S.) (1.11.2001) by 2001 asp 10, ss. 112, 113, Sch. 10 para. 11(4); S.S.I. 2001/336, art. 2(3), Sch. Pt. II Table (subject to transitional provisions and savings in art. 3)

F28 Words in s. 10(1) substituted (1.8.1993) by 1993 c. 10, ss. 98(1), 99(1), Sch. 6 para. 21(2).

F29 Words substituted by Housing Act 1988 (c. 50, SIF 61), s. 59(2)(3)(4), Sch. 6 Pt. I para. 8(1)

F30 Words in s. 10(1)(c) substituted (1.11.1998) by 1998 c. 38, s. 140, Sch. 16 para. 25; S.I. 1998/2244, art. 5

F31 Words in s. 10(2) repealed (E.W.) (1.10.1996) by S.I. 1996/2325, art. 4(1), Sch. 1 Pt. I (with art. 4(2)(3))

F32 Words beginning “Schedule 1” substituted (E.W.) (retrospectively1.4.1986) by Housing and Planning Act 1986 (c. 63, SIF 61), s. 24(1), Sch. 5 Pt. I para. 10(6)(9)

F33 Words “1 to 8 of Schedule 2 to the Housing (Scotland) Act 1987” substituted by Housing (Scotland) Act 1988 (c. 43, SIF 61), s. 72, Sch. 9 para. 6(a) and “paragraphs 1 to 8 of Schedule 2 to the Housing (Scotland) Act 1987”substituted (S.) by Housing (Scotland) Act 1987 (c. 26, SIF 61), ss. 335, 339(2), Sch. 23 para. 31(2)

F34 Words in s. 10(2) inserted by Housing Act 1988 (c. 50, SIF 61), s. 59(2)(3)(4), Sch. 6 Pt. I para. 8(2)

F35 11 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . E+W

Textual Amendments

F35 S. 11 repealed (E.W.) (1.10.1996) by 1996 c. 52, s. 227, Sch. 19 Pt. I; S.I. 1996/2402, art. 3 (subject to transitional provisions and savings in Sch.) and (S.) (1.11.2001) by 2001 asp 10, s. 112, Sch. 10 para. 11(4); S.S.I. 2001/336, art. 2(3), Sch. Pt. II Table (subject to transitional provisions and savings in art. 3)

[F36 12 Avoidance of certain disposals of houses without consent. E+W

A disposal of a house by a housing association made without the consent required by section 9 is void unless—

(a) the disposal is to an individual (or to two or more individuals), and

(b) the disposal does not extend to any other house.]

Textual Amendments

F36 S. 12 repealed (S.) (1.11.2001) by 2001 asp 10, s. 112, Sch. 10 para. 11(4); S.S.I. 2001/336, art. 2(3), Sch. Pt. II Table (subject to transitional provisions and savings in art. 3)

Control of payments to members, etc. E+W+S

F37 13 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . E+W+S

Textual Amendments

F37 S. 13 repealed (E.W.) (1.10.1996) by 1996 c. 52, s. 227, Sch. 19 Pt. I; S.I. 1996/2402, art. 3 (subject to transitional provisions and savings in Sch.) and (S.) (1.11.2001) by 2001 asp 10, s. 112, Sch. 10 para. 11(4); S.S.I. 2001/336, art. 2(3), Sch. Pt. II Table (subject to transitional provisions and savings in art. 3)

F38 14 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . E+W+S

Textual Amendments

F38 S. 14 repealed (E.W.) (1.10.1996) by 1996 c. 52, s. 227, Sch. 19 Pt. I; S.I. 1996/2402, art. 3 (subject to transitional provisions and savings in Sch.) and (S.) (1.11.2001) by 2001 asp 10, s. 112, Sch. 10 para. 11(4); S.S.I. 2001/336, art. 2(3), Sch. Pt. II Table (subject to transitional provisions and savings in art. 3)

F39 15 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . E+W+S

Textual Amendments

F39 S. 15 repealed (E.W.) (1.10.1996) by 1996 c. 52, s. 227, Sch. 19 Pt. I; S.I. 1996/2402, art. 3 (subject to transitional provisions and savings in Sch.) and (S.) (1.11.2001) by 2001 asp 10, s. 112, Sch. 10 para. 11(4); S.S.I. 2001/336, art. 2(3), Sch. Pt. II Table (subject to transitional provisions and savings in art. 3)

F40 15A . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . S

Textual Amendments

F40 S. 15A repealed (1.11.2001) by 2001 asp 10, s. 112, Sch. 10 para. 11(4); S.S.I. 2001/336, art. 2(3), Sch. Pt. II Table (subject to transitional provisions and savings in art. 3)

Constitution, change of rules, amalgamation and dissolution E+W+S

F41 16 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . E+W+S

Textual Amendments

F41 S. 16 repealed (E.W.) (1.10.1996) by 1996 c. 52, s. 227, Sch. 19 Pt. I; S.I. 1996/2402, art. 3 (subject to transitional provisions and savings in Sch.) and (S.) (1.11.2001) by 2001 asp 10, s. 112, Sch. 10 para. 11(4); S.S.I. 2001/336, art. 2(3), Sch. Pt. II Table (subject to transitional provisions and savings in art. 3)

F42 17 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . E+W+S

Textual Amendments

F42 S. 17 repealed (E.W.) (1.10.1996) by 1996 c. 52, s. 227, Sch. 19 Pt. I; S.I. 1996/2402, art. 3 (subject to transitional provisions and savings in Sch.) and (S.) (1.11.2001) by 2001 asp 10, s. 112, Sch. 10 para. 11(4); S.S.I. 2001/336, art. 2(3), Sch. Pt. II Table (subject to transitional provisions and savings in art. 3)

F43 18 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . E+W+S

Textual Amendments

F43 S. 18 repealed (E.W.) (1.10.1996) by 1996 c. 52, s. 227, Sch. 19 Pt. I; S.I. 1996/2402, art. 3 (subject to transitional provisions and savings in Sch.) and (S.) (1.11.2001) by 2001 asp 10, s. 112, Sch. 10 para. 11(4); S.S.I. 2001/336, art. 2(3), Sch. Pt. II Table (subject to transitional provisions and savings in art. 3)

F44 19 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . E+W+S

Textual Amendments

F44 S. 19 repealed (E.W.) (1.10.1996) by 1996 c. 52, s. 227, Sch. 19 Pt. I; S.I. 1996/2402, art. 3 (subject to transitional provisions and savings in Sch.) and (S.) (1.11.2001) by 2001 asp 10, s. 112, Sch. 10 para. 11(4); S.S.I. 2001/336, art. 2(3), Sch. Pt. II Table (subject to transitional provisions and savings in art. 3)

F45 20 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . E+W+S

Textual Amendments

F45 S. 20 repealed (1.10.1996) by 1996 c. 52, s. 227, Sch. 19 Pt. I; S.I. 1996/2402, art. 3 (subject to transitional provisions and savings in Sch.) and (S.) (1.11.2001) by 2001 asp 10, s. 112, Sch. 10 para. 11(4); S.S.I. 2001/336, art. 2(3), Sch. Pt. II Table (subject to transitional provisions and savings in art. 3).

F46 21 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . E+W+S

Textual Amendments

F46 S. 21 repealed (E.W.) (1.10.1996) by 1996 c. 52, s. 227, Sch. 19 Pt. I; S.I. 1996/2402, art. 3 (subject to transitional provisions and savings in Sch.) and (S.) (1.11.2001) by 2001 asp 10, s. 112, Sch. 10 para. 11(4); S.S.I. 2001/336, art. 2(3), Sch. Pt. II Table (subject to transitional provisions and savings in art. 3)

F47 22 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . E+W+S

Textual Amendments

F47 S. 22 repealed (E.W.) (1.10.1996) by 1996 c. 52, s. 227, Sch. 19 Pt. I; S.I. 1996/2402, art. 3 (subject to transitional provisions and savings in Sch.) and (S.) (1.11.2001) by 2001 asp 10, s. 112, Sch. 10 para. 11(4); S.S.I. 2001/336, art. 2(3), Sch. Pt. II Table (subject to transitional provisions and savings in art. 3)

F48 23 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . E+W+S

Textual Amendments

F48 S. 23 repealed (E.W.) (1.10.1996) by 1996 c. 52, s. 227, Sch. 19 Pt. I; S.I. 1996/2402, art. 3 (subject to transitional provisions and savings in Sch.) and (S.) (1.11.2001) by 2001 asp 10, s. 112, Sch. 10 para. 11(4); S.S.I. 2001/336, art. 2(3), Sch. Pt. II Table (subject to transitional provisions and savings in art. 3)

Accounts and audit E+W+S

F49 24 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . E+W+S

Textual Amendments

F49 S. 24 repealed (E.W.) (1.10.1996) by 1996 c. 52, s. 227, Sch. 19 Pt. I; S.I. 1996/2402, art. 3 (subject to transitional provisions and savings in Sch.) and (S.) (1.11.2001) by 2001 asp 10, s. 112, Sch. 10 para. 11(4); S.S.I. 2001/336, art. 2(3), Sch. Pt. II Table (subject to transitional provisions and savings in art. 3)

F50 25 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . E+W+S

Textual Amendments

F50 S. 25 repealed (E.W.) (1.10.1996) by 1996 c. 52, s. 227, Sch. 19 Pt. I; S.I. 1996/2402, art. 3 (subject to transitional provisions and savings in Sch.) and (S.) (1.11.2001) by 2001 asp 10, s. 112, Sch. 10 para. 11(4); S.S.I. 2001/336, art. 2(3), Sch. Pt. II Table (subject to transitional provisions and savings in art. 3)

F51 26 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . E+W+S

Textual Amendments

F51 S. 26 repealed (E.W.) (1.10.1996) by 1996 c. 52, s. 227, Sch. 19 Pt. I; S.I. 1996/2402, art. 3 (subject to transitional provisions and savings in Sch.) and (S.) (1.11.2001) by 2001 asp 10, s. 112, Sch. 10 para. 11(4), S.S.I. 2001/336, art. 2(3), Sch. Pt. II Table (subject to transitional provisions and savings in art. 3)

F52 27 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . E+W+S

Textual Amendments

F52 S. 27 repealed (E.W.) (1.10.1996) by 1996 c. 52, s. 227, Sch. 19 Pt. I; S.I. 1996/2402, art. 3 (subject to transitional provisions and savings in Sch.) and (S.) (1.11.2001) by 2001 asp 10, s. 112, Sch. 10 para. 11(4); S.S.I. 2001/336, art. 2(3), Sch. Pt. II Table (subject to transitional provisions and savings in art. 3)

F53 27A . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . E+W+S

Textual Amendments

F53 S. 27A repealed (E.W.) (1.10.1996) by 1996 c. 52, s. 227, Sch. 19 Pt. I; S.I. 1996/2402, art. 3 (subject to transitional provisions and savings in Sch.) and (S.) (1.11.2001) by 2001 asp 10, s. 112, Sch. 10 para. 11(4); S.S.I. 2001/336, art. 2(3), Sch. Pt. II Table (subject to transitional provisions and savings in art. 3)

Inquiries into affairs of housing associations E+W+S

F54 28 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . E+W+S

Textual Amendments

F54 S. 28 repealed (E.W.) (1.10.1996) by 1996 c. 52, s. 227, Sch. 19 Pt. I; S.I. 1996/2402, art. 3 (subject to transitional provisions and savings in Sch.) and (S.) (1.11.2001) by 2001 asp 10, s. 112, Sch. 10 para. 11(4); S.S.I. 2001/336, art. 2(3), Sch. Pt. II Table (subject to transitional provisions and savings in art. 3)

F55 29 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . E+W+S

Textual Amendments

F55 S. 29 repealed (E.W.) (1.10.1996) by 1996 c. 52, s. 227, Sch. 19 Pt. I; S.I. 1996/2402, art. 3 (subject to transitional provisions and savings in Sch.) and (S.) (1.11.2001) by 2001 asp 10, s. 112, Sch. 10 para. 11(4); S.S.I. 2001/336, art. 2(3), Sch. Pt. II Table (subject to transitional provisions and savings in art. 3)

F56 30 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . E+W+S

Textual Amendments

F56 S. 30 repealed (E.W.) (1.10.1996) by 1996 c. 52, s. 227, Sch. 19 Pt. I; S.I. 1996/2402, art. 3 (subject to transitional provisions and savings in Sch.) and (S.) (1.11.2001) by 2001 asp 10, s. 112, Sch. 10 para. 11(4); S.S.I. 2001/336, art. 2(3), Sch. Pt. II Table (subject to transitional provisions and savings in art. 3)

F57 31 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . E+W+S

Textual Amendments

F57 S. 31 repealed (E.W.) (1.10.1996) by 1996 c. 52, s. 227, Sch. 19 Pt. I; S.I. 1996/2402, art. 3 (subject to transitional provisions and savings in Sch.) and (S.) (1.11.2001) by 2001 asp 10, s. 112, Sch. 10 para. 11(4); S.S.I. 2001/336, art. 2(3), Sch. Pt. II Table (subject to transitional provisions and savings in art. 3)S

F58 32 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . E+W+S

Textual Amendments

F58 S. 32 repealed (E.W.) (1.10.1996) by 1996 c. 52, s. 227, Sch. 19 Pt. I; S.I. 1996/2402, art. 3 (subject to transitional provisions and savings in Sch.) and (S.) (1.11.2001) by 2001 asp 10, s. 112, Sch. 10 para. 11(4); S.S.I. 2001/336, art. 2(3), Sch. Pt. II Table (subject to transitional provisions and savings in art. 3)

Miscellaneous E+W+S

F59 33 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . E+W+S

Textual Amendments

F59 S. 33 repealed (E.W.) (1.10.1996) by 1996 c. 52, s. 227, Sch. 19 Pt. I; S.I. 1996/2402, art. 3 (subject to transitional provisions and savings in Sch.) and (S.) (1.11.2001) by 2001 asp 10, s. 112, Sch. 10 para. 11(4); S.S.I. 2001/336, art. 2(3), Sch. Pt. II Table (subject to transitional provisions and savings in art. 3)

[F60 33A Provision of services between the Corporations. E+W+S

Any of the [F61 following [F62 , that is to say, the Housing Corporation, the Secretary of State] or Scottish Homes,]may enter into an agreement with the others or either of them for the provision of services of any description by the one to the other or others on such terms, as to payment or otherwise, as the parties to the agreement consider appropriate.]

Textual Amendments

F60 S. 33A inserted by Housing Act 1988 (c. 50, SIF 61), s. 59(2)(3)(4), Sch. 6 Pt. I para. 24

F61 Words in s. 33A substituted (1.10.1996) by S.I. 1996/2325, art. 5(1), Sch. 2 para. 15(19)

F62 Words in s. 33A substituted (1.11.1998) by 1998 c. 38, s. 140, Sch. 16 para. 26 (with ss. 139(2), 143(2)); S.I. 1998/2244, art. 5

34 Provision of land by county councils. E+W

(1) Where a housing association wishes to erect houses [F63 in England]which in the opinion of the Secretary of State are required and the local housing authority in whose district the houses are proposed to be built are unwilling to acquire land with a view to selling or leasing it to the association, the county council, on the application of the association, may acquire land for that purpose.

(2) For that purpose the county council may exercise all the powers of a local housing authority under Part II of the M2 Housing Act 1985 (provision of housing) in regard to the acquisition and disposal of land; and the provisions of that Act as to the acquisition of land by local housing authorities for the purposes of that Part apply accordingly.

Textual Amendments

F63 Words in s. 34(1) inserted (1.4.1996) by 1994 c. 19, s. 22(2), Sch. 8 para. 6(1) (with ss. 54(4)(7), 55(5), Sch. 17 para. 22(1), 23(2)); S.I. 1996/396, art. 3, Sch. 1

Marginal Citations

M2 1985 c. 68.

35 Housing trusts: power to transfer housing to local housing authority. E+W

(1) A housing trust may—

(a) sell or lease to the local housing authority the houses provided by the trust, or

(b) make over to the authority the management of the houses.

(2) So far as subsection (1) confers power to dispose of land—

[F64 (a) it does not apply to registered social landlords (on whom power to dispose of land is conferred by section 8 of the Housing Act 1996);.]

(b) it has effect subject to section 9 (dispositions requiring consent of [F65 Corporation]) where the housing trust is an unregistered housing association and the land is grant-aided land (as defined in Schedule 1); and

(c) it has effect subject to [F66 [F67 section 36 of the Charities Act 1993] (restrictions on dispositions of charity land)] where the housing trust is a charity.

Textual Amendments

F64 S. 35(2)(a) substituted (1.10.1996) by S.I. 1996/2325, art. 5(1), Sch. 2 para. 15(20)

F65 Word substituted by Housing Act 1988 (c. 50, SIF 61), s. 59(2)(3)(4), Sch. 6 Pt. I para. 2

F66 Words in s. 35(2)(c) substituted (1.1.1993) by Charities Act 1992 (c. 41), s. 78(2), Sch. 6 para. 13(3); S.I. 1992/1900, art. 2 Sch. 3.

F67 Words in s. 35(2)(c) substituted (1.8.1993) by 1993 c. 10, ss. 98(1), 99(1), Sch. 6 para. 21(4).

36 Housing trusts: functions of Secretary of State with respect to legal proceedings. E+W+S

(1) If it appears to the Secretary of State—

(a) that the institution of legal proceedings is requisite or desirable with respect to any property belonging to a housing trust, or

(b) that the expediting of any such legal proceedings is requisite or desirable,

he may certify the case to the Attorney-General who may institute legal proceedings or intervene in legal proceedings already instituted in such manner as he thinks proper in the circumstances.

(2) Before preparing a scheme with reference to property belonging to a housing trust, the court or body which is responsible for making the scheme shall communicate with the Secretary of State and consider any recommendations made by him with reference to the proposed scheme.

F68 36A . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . E+W+S

Textual Amendments

F68 S. 36A repealed (E.W.) (1.10.1996) by 1996 c. 52, s. 227, Sch. 19 Pt. I; S.I. 1996/2402, art. 3 (subject to transitional provisions and savings in Sch.) and repealed (S.) by 2001 asp 10, s. 112, Sch. 10 para. 11(4); S.S.I. 2001/336, art. 2(3), Sch. Pt. II Table (subject to transitional provisions and savings in art. 3)

Supplementary E+W+S

F69 37 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . E+W+S

Textual Amendments

F69 S. 37 repealed (E.W.) (1.10.1996) by S.I. 1996/2325, art. 4(1), Sch. 1 Pt. I (with art. 4(2)(3)) and (S.) (1.11.2001) by 2001 asp 10, s. 112, Sch. 10 para. 11(4); S.S.I. 2001/336, art. 2(3), Sch. Pt. II Table (subject to transitional provisions and savings in art. 3)

[F70 38 Definitions relating to charities. E+W

In this Part—

(a) “charity” has the same meaning as in [F71 the Charities Act 1993]; and

F72 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .]

Textual Amendments

F70 By 2001 asp 10, s. 112, Sch. 10 para. 11(4); S.S.I. 2001/336, art. 2(3), Sch. Pt. II Table (subject to transitional provisions and savings in art. 3), it is provided that ss. 36A-40 be repealed (S.) (1.11.2001)

F71 Words in s. 38(a)(b) substituted (1.8.1993) by 1993 c. 10, ss. 98(1), 99(1), Sch. 6 para. 21(5)(a)(b).

F72 S. 38(b) repealed (1.10.1996) by S.I. 1996/2325, art. 4(1), Sch. 1 Pt. I (with art. 4(2)(3))

[F73 39 Minor definitions. E+W

In this Part—

• [F74 “assured tenancy” has, in England and Wales, the same meaning as in Part I of the Housing Act 1988 and, in Scotland, the same meaning as in Part II of the Housing (Scotland) Act 1988;

• “assured agricultural occupancy” has the same meaning as in Part I of the Housing Act 1988.]

• [F75 “mental disorder” has the same meaning as in [F76 the M3 Mental Health Act 1983 or] the M4 Mental Health (Scotland) Act 1984;]

• “secure tenancy” has the same meaning as in section 79 of the M5 Housing Act 1985 or [F77 44 of the Housing (Scotland) Act 1987];]

• F78 . . .

Textual Amendments

F73 S. 39 repealed (S.) (1.11.2001) by 2001 asp 10, s. 112, Sch. 10 para. 11(4); S.S.I. 2001/336, art. 2(3), Sch. Pt. II Table (subject to transitional provisions and savings in art. 3)

F74 Definitions inserted by Housing Act 1988 (c. 50, SIF 61), s. 59(2)(3)(4), Sch. 6 Pt. I para. 25

F75 S. 39: definition of “mental disorder”repealed (E.W.) (1.10.1996) by S.I. 1996/2325, art. 4(1), Sch. 1 Pt. I (with art. 4(2)(3))

F76 S. 39: words in definition of “mental disorder”repealed (S.) (1.10.1996) by S.I. 1996/2325, art. 4(1), Sch. 1 Pt. II (with art. 4(2)(3))

F77 S. 39: by Housing (Scotland) Act 1987 (c. 26, SIF 61), ss. 335, 339(2), Sch. 23 para. 31(3) it is provided that in the definition of “secure tenancy” for the words “10 of the Tenants'; Rights, Etc. (Scotland) Act 1980” there shall be substituted (S.) the words “44 of the Housing (Scotland) Act 1987” and by Housing (Scotland) Act 1988 (c. 43, SIF 61), s. 72, Sch. 9 para. 8 it is provided that in s. 39, in the definition of “secure tenancy” for the words “section 10 of the Tenants'; Rights Etc. (Scotland) Act 1980” there shall be substituted the words “44 of the Housing (Scotland) Act 1987”

F78 S. 39: definition repealed (5.11.1993) by 1993 c. 50, s. 1(1), Sch. 1 Pt. XIV Gp. 2.

Marginal Citations

M3 1983 c. 20.

M4 1984 c. 36.

M5 1985 c. 68.

[F79 40 Index of defined expressions: Part I. E+W

The following Table shows provisions defining or explaining expressions used in this Part (other than provisions defining or explaining an expression used only in the same section or paragraph):—

[F80 appropriate registrar (in relation to a society registered under the 1965 Act).	section 37]
[F81 assured agricultural occupancy]	[F81 section 39]
[F81 assured tenancy]	[F81 section 39]
[F80 bank	section 106]
charge (in relation to Scotland)	section 106
charity	section 38(a)
[F80 committee (in relation to a society registered under the 1965 Act)	section 37]
[F80 compulsory disposal (in Schedule 2)	paragraph 6 of that Schedule]
co-operative housing association	section 1(2)
[F80 co-opted member (in relation to the committee of a society registered under the 1965 Act)	section 37]
[F80 the Companies Act	section 106]
F82 . . .	F82 . . .
[F80 dissolved under the 1965 Act (in relation to a society registered under that Act)	section 37]
district (of a local housing authority)	section 104(2)
[F80 dwelling	section 106]
[F80 eligible for registration (in relation to a housing association)	section 4]
[F80 exempted disposal (in Schedule 2)	paragraph 5 of that Schedule]
[F80 friendly society	section 106]
fully mutual (in relation to a housing association)	section 1(2)
[F80 hostel	section 106]
house	section 106
[F80 housing activities	section 106]
housing association	section 1(1)
. . . F83	. . . F83
housing trust	section 2
[F80 insurance company	section 106]
local housing authority	section 104
[F80 member of family	section 105]
[F80 mental disorder	section 39]
mortgage (in relation to Scotland)	section 106
[F80 the 1965 Act	section 37]
[F80 register, registered, registration and unregistered (in relation to a housing association)	section [F84 3]]
[F80 registered charity	section 38(b)]
[F85 registered social landlord	section 2B]
[F80 relevant disposal (in Schedule 2)	paragraph 4 of that Schedule]
. . . F83	. . . F83
secure tenancy	section 39
[F80 shared ownership lease	section 106]
[F86 shared ownership agreement (in relation to Scotland)]	[F86 section 106]
[F80 standard scale	section 39]
[F80 trustee savings bank	section 106]
[F87 unregistered (in relation to a housing association)	section 2B]]

Textual Amendments

F79 S. 40 repealed (S.) (1.11.2001) by 2001 asp 10, s. 112, Sch. 10 para. 11(4); S.S.I. 2001/336, art. 2(3), Sch. Pt. II Table (subject to transitional provisions and savings in art. 3)

F80 S. 40: entries repealed (E.W.) (1.10.1996) by S.I. 1996/2325, art. 4(1), Sch. 1 Pt. I (with art. 4(2)(3))

F81 Entries inserted by Housing Act 1988 (c. 50, SIF 61), s. 59(2)(3)(4), Sch. 6 Pt. I para. 26(a)

F82 S. 40: definition of “the Corporation”repealed (1.10.1996) by S.I. 1996/2325, art. 4(1), Sch. 1 Pts. I, II (with art. 4(2)(3))

F83 Entry repealed by Housing Act 1988 (c. 50, SIF 61), s. 140(2), Sch. 18

F84 Figure substituted by Housing Act 1988 (c. 50, SIF 61), s. 59(2)(3)(4), Sch. 6 Pt. I para. 26(c)

F85 S. 40: entry inserted (1.10.1996) by S.I. 1996/2325, art. 5(1), Sch. 2 para. 21(a)

F86 Entry inserted (S.) by Housing (Scotland) Act 1986 (c. 65, SIF 61), s. 25(1), Sch. 2 para. 4(4)

F87 S. 40: entry inserted (1.10.1996) by S.I. 1996/2325, art. 5(1), Sch. 2 para. 21(b)

Part II E+W+S Housing Association Finance

Modifications etc. (not altering text)

C6 Pt. II (ss. 41–73) excluded (S.) by Housing (Scotland) Act 1987 (c. 26, SIF 61), ss. 199, 335, Sch. 12 para. 1(7)

C7 Pt. II (ss. 41–73): power to apply certain functions conferred (E.W.) by Housing Act 1988 (c. 50, SIF 61), s. 65(2)(b)(4)

41—51. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F88 E+W+S

Textual Amendments

F88 Ss. 41–51, 75(1)(d) repealed by Housing Act 1988 (c. 50, SIF 61), s. 140(2), Sch. 18

52 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F89 E+W+S

Textual Amendments

F89 S. 52 repealed (with a saving in S.I. 1989/404, art. 3(a) ) by Housing Act 1988 (c. 50, SIF 61), s. 140(2), Sch. 18, and as to s. 52(3) repealed (S.) by Housing (Scotland) Act 1986 (c. 65, SIF 61), s. 25(2), Sch. 3, and s. 52(4) repealed by Land Registration Act 1988 (c. 3, SIF 98:2), ss. 1(e), 2, Sch.

53 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F90 E+W+S

Textual Amendments

F90 S. 53 repealed (with a saving in S.I. 1989/404, art. 3(b) ) by Housing Act 1988 (c. 50, SIF 61), s. 140(2), Sch. 18

Deficit grants E+W+S

54 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F91 E+W+S

Textual Amendments

F91 S. 54 repealed (with a saving in S.I. 1989/404, art. 3(c) ) by Housing Act 1988 (c.50, SIF 61), s. 140(2), Sch. 18

F92 55 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . E+W+S

Textual Amendments

F92 Ss. 55-57 repealed (1.4.1991) by Housing Act 1988 (c. 50, SIF 61), s. 140(2), Sch. 18; S.I. 1989/404, art. 2 and S.I. 1991/954, arts,2, 3 (by art. 3 it is provided that the repeal shall not apply in relation to hostel deficit grants payable to an association for a period which expires before 1.4.1991)

56 F93 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . E+W+S

Textual Amendments

F93 Ss. 55-57 repealed (1.4.1991) by Housing Act 1988 (c. 50, SIF 61), s. 140(2), Sch. 18; S.I. 1989/404, art. 2 and S.I. 1991/954, arts.2, 3 (by art. 3 it is provided that the repeal shall not apply in relation to hostel deficit grants payable to an association for a period which expires before 1.4.1991)

57 F94 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . E+W+S

Textual Amendments

F94 Ss. 55-57 repealed (1.4.1991) by Housing Act 1988 (c. 50, SIF 61), s. 140(2), Sch. 18; S.I. 1989/404, art. 2 and S.I. 1991/954, arts.2, 3 (by art. 3 it is provided that the repeal shall not apply in relation to hostel deficit grants payable to an association for a period which expires before 1.4.1991)

Arrangements with local authorities E+W+S

[F95 58 Powers of local authorities to promote and assist housing associations: England and Wales. E+W+S

(1) A local authority may promote the formation or extension of a housing association.

(2) A local authority may for the assistance of a housing association subscribe for share or loan capital of the association.

(3) A local authority may make a loan to an unregistered self-build society for the purpose of enabling it to meet the whole or part of the expenditure incurred, or to be incurred by it, in carrying out its objects.

(4) This section does not apply where the housing association is a registered social landlord (for which corresponding provision is made by section 22 of the Housing Act 1996)..]

Textual Amendments

F95 S. 58 substituted (1.10.1996) by S.I. 1996/2325, art. 5(1), Sch. 2 para. 15(22)

Modifications etc. (not altering text)

C8 S. 58 excluded (1.10.1996) by 1985 c. 69, s. 58(4) (as substituted by S.I. 1996/2325, art. 5(1), Sch. 2 para. 15(22))

[F96 59 Powers of local authorities to promote and assist housing associations: Scotland. S

(1) A local authority F97 . . . may promote the formation or extension of or, subject to section 60 (assistance restricted to registered housing associations), assist a housing association whose objects include the erection, improvement or management of housing accommodation.

(2) A local authority F97 . . . may, with the consent of and subject to any regulations or conditions made or imposed by the Secretary of State, for the assistance of such an association—

(a) make grants or loans to the association,

(b) subscribe for share or loan capital of the association, or

(c) guarantee or join in guaranteeing the payment of the principal of, and interest on, money borrowed by the association (including money borrowed by the issue of loan capital) or of interest on share capital issued by the association,

on such terms and conditions as to rate of interest and repayment or otherwise and on such security as the local authority F97 . . . think fit.

(3) A term of an agreement for such a grant or loan is void if it purports to relate to the rent payable in respect of a house to which the agreement relates or the contributions payable towards the cost of maintaining such a house.

(4) Regulations under this section shall be made by statutory instrument which shall be subject to annulment in pursuance of a resolution of either House of Parliament.

[F98 (5) Sections 6, 15, 320 and 329 of the Housing (Scotland) Act 1987 (general provisions with respect to housing functions of local authorities etc.) apply in relation to this section and section 61, as they apply in relation to the provisions of that Act.]]

Textual Amendments

F96 S. 59 repealed (1.11.2001) by 2001 asp 10, s. 112, Sch. 10 para. 11(4), S.S.I. 2001/336, art. 2(3), Sch. Pt. II Table (subject to transitional provisions and savings in art. 3)

F97 Words in s. 59(1)(2) repealed (1.4.1996) by 1994 c. 39, s. 180(1)(2), Sch. 13 para. 143(2), Sch. 14; S.I. 1996/323, art. 4(1)(c)(d), Sch. 2

F98 S. 59(5) added by Housing (Scotland) Act 1987 (c. 26, SIF 61), ss. 335, 339(2), Sch. 23 para. 31(7)

F99 60 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . E+W+S

Textual Amendments

F99 S. 60 repealed (E.W.) (1.10.1996) by S.I. 1996/2325, art. 4(1), Sch. 1 Pt. I (with art. 4(2)(3)) and repealed (S.) (1.11.2001) by 2001 asp 10, s. 112, Sch. 10 para. 11(4); S.S.I. 2001/336, art. 2(3), Sch. Pt. II Table (subject to transitional provisions and savings in art. 3)

[F100 61 Power of local housing authority to supply furniture to housing association tenants. E+W

(1) A local housing authority may sell, or supply under a hire-purchase agreement, furniture to the occupants of houses provided by a housing association under arrangements made with the authority, and may buy furniture for this purpose.

(2) In this section “hire-purchase agreement” means a hire-purchase agreement or conditional sale agreement within the meaning of the M6 Consumer Credit Act 1974.

[F101 (3) This section does not apply where the housing association is a registered social landlord (for which corresponding provision is made by section 22 of the Housing Act 1996).]]

Textual Amendments

F100 S. 61 repealed (S.) (1.11.2001) by 2001 asp 10, s. 112, Sch. 10 para. 11(4); S.S.I. 2001/336, art. 2(3), Sch. Pt. II Table (subject to transitional provisions and savings in art. 3)

F101 S. 61(3) inserted (E.W.) (1.10.1996) by S.I. 1996/2325, art. 5(1), Sch. 2 para. 15(23)

Marginal Citations

M6 1974 c. 39.

62 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F102 E+W+S

Textual Amendments

F102 S. 62 repealed (with saving) by Housing Act 1988 (c. 50, SIF 61), s. 140(2), Sch. 18: S.I. 1989/404, art. 3(d))

63—66. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F103 E+W+S

Textual Amendments

F103 Ss. 63–66 repealed by Building Societies Act 1986 (c. 53, SIF 16), ss. 54(3)(a)(5), 119(5), 120(1)(2), Sch. 18 Pt. I para. 19(2), Sch. 19 Pt. I (and s. 64(4) is also expressed to be repealed (5.11.1993) by 1993 c. 50, s. 1(1), Sch. 1 Pt.XIV Gp. 2).

Loans by Public Works Loan Commissioners E+W+S

F104 67 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . E+W

Textual Amendments

F104 S. 67 repealed (1.10.1996) by 1996 c. 52, s. 227, Sch. 19 Pt. I; S.I. 1996/2402, art. 3 (subject to transitional provisions and savings in Sch.)

68 Loans by Public Works Loan Commissioners: Scotland. E+W+S

(1) The Public Works Loan Commissioners may lend money to a [F105 registered housing association]—

(a) for the purpose of constructing or improving, or facilitating or encouraging the construction or improvement of, houses,

(b) for the purchase of houses, and

(c) for the purchase and development of land.

(2) A loan for any of those purposes shall be secured with interest by a heritable security over—

(a) the land in respect of which that purpose is to be carried out, and

(b) such other land, if any, as may be offered as security for the loan;

and the money lent shall not exceed three-quarters (or, if the payment of the principal of and interest on the loan is guaranteed by a local authority, nine-tenths) of the value, to be ascertained to the satisfaction of the Public Works Loan Commissioners, of the estate or interest in the land proposed to be burdened.

(3) Loans may be made by instalments as the building of houses or other work on the land burdened under subsection (2) progresses (so, however, that the total loans do not at any time exceed the amount specified in that subsection); and the heritable security may be granted accordingly to secure such loans so to be made.

(4) If the loan exceeds two-thirds of the value referred to in subsection (2), and is not guaranteed as to principal and interest by a local authority, the Public Works Loan Commissioners shall require, in addition to such a heritable security as is mentioned in that subsection, such further security as they may think fit.

(5) Subject to subsection (6), the period for repayment of a loan under this section shall not exceed 40 years, and no money shall be lent on the security of any land unless the estate or interest proposed to be burdened is either ownership or a lease of which a period of not less than 50 years remains unexpired at the date of the loan.

(6) Where a loan under this section is made for the purposes of carrying out a scheme for the provision of houses approved by the Secretary of State, the maximum period for the repayment of the loan is 50 instead of 40 years, and money may be lent on heritable security over a lease recorded under the M7 Registration of Leases (Scotland) Act 1857 of which a period of not less than ten years in excess of the period fixed for the repayment of the loan remains unexpired at the date of the loan.

Textual Amendments

F105 Words substituted by Housing and Planning Act 1986 (c. 63, SIF 61), s. 24(1), Sch. 5 Pt. I para. 13(b)

Marginal Citations

M7 1857 c. 26.

Miscellaneous E+W+S

69 Power to vary or terminate certain agreements with housing associations. E+W+S

(1) This section applies to agreements of the following descriptions—

(a) an agreement for a loan to a housing association by the Housing Corporation under section 2 of the M8 Housing Act 1964 [F106 (including such an agreement under which rights and obligations have been transferred to Housing for Wales)][F107 and then to the Secretary of State];

(b) an agreement which continues in force under Part I of Schedule 4 (arrangements with local authority for the provision or improvement of housing);

(c) an agreement to which Part II of Schedule 4 applies (subsidy agreements with local authorities);

(d) an agreement which continues in force under Part III of Schedule 4 (special arrangements with the Secretary of State);

[F108 (e) an agreement for a loan or grant to a housing association under section 58(2) or 59(2) (financial assistance by local authorities);]

(f) a scheme which continues in force under Part V of Schedule 5 (schemes for unification of grant conditions).

[F109 [F110 (g) an agreement for a loan or grant to a registered housing association under section 24 of the Local Government Act 1988 (power to provide financial assistance for privately let housing accommodation).]]

(2) [F111 If any person (other than the Secretary of State) who is a party to an agreement to which this section applies makes an application to the Secretary of State, he] may, if he thinks fit, direct—

(a) that the agreement shall have effect with such variations, determined by him or agreed by the parties, as may be specified in the direction, or

(b) that the agreement shall be terminated.

[F112 and where the Secretary of State is a party to such an agreement, he may agree that it shall have effect with any variations or that it shall be terminated.]

[F113 (2A) In the case of an agreement under which rights and obligations have been transferred to Housing for Wales [F114 and then to the Secretary of State], the reference to a party to the agreement includes a reference to [F115 the Secretary of State].]

(3) No variation shall be directed under subsection (2) which would have the effect of including in an agreement a term—

(a) limiting the aggregate amount of rents payable in respect of dwellings to which the agreement relates or contributions towards the cost of maintaining such dwellings, or

(b) specifying a limit which the rent of a dwelling is not to exceed.

This subsection does not extend to Scotland.

(4) No variation shall be directed under subsection (2) which would have the effect of including in an agreement a term relating to the rent payable in respect of a house to which the agreement relates or contributions towards the cost of maintaining such a house.

This subsection extends to Scotland only.

Textual Amendments

F106 Words added by Housing Act 1988 (c. 50, SIF 61), s. 59(2)(3)(b), Sch. 6 Pt. II para. 28(1)

F107 Words in s. 69(1)(a) inserted (1.11.1998) by 1998 c. 38, s. 140, Sch. 16 para. 27(2) (with ss. 139(2), 143(2)); S.I. 1998/2244, art. 5

F108 S. 69(1)(e) repealed (E.W.) (1.10.1996) by 1996 c. 52, ss. 55(1), 227, Sch. 3 para. 4, Sch. 19 Pt. I; S.I. 1996/2402, art. 3 (subject to transitional provisions and savings in Sch.)

F109 S. 69(1)(g) repealed (E.W.) (1.10.1996) by 1996 c. 52, ss. 55(1), 227, Sch. 3 para. 4, Sch. 19 Pt. I; S.I. 1996/2402, art. 3 (subject to transitional provisions and savings in Sch.)

F110 S. 69(1)(g) inserted by Local Government Act 1988 (c. 9, SIF 81:1), s. 24(5)(c)

F111 Words in s. 69(2) substituted (1.11.1998) by 1998 c. 38, s. 140, Sch. 16 para. 27(3)(a) (with ss. 139(2), 143(2)); S.I. 1998/2244, art. 5

F112 Words in s. 69(2) inserted (1.11.1998) by 1998 c. 38, s. 140, Sch. 16 para. 27(3)(b) (with ss. 139(2), 143(2)); S.I. 1998/2244, art. 5

F113 S. 69(2A) inserted by Housing Act 1988 (c. 50, SIF 61), s. 59(2)(3)(b), Sch. 6 Pt. II para. 28(2)

F114 Words in s. 69(2A) inserted (1.11.1998) by 1998 c. 38, s. 140, Sch. 16 para. 27(4)(a) (with ss. 139(2), 143(2)); S.I. 1998/2244, art. 5

F115 Words in s. 69(2A) substituted (1.11.1998) by 1998 c. 38, s. 140, Sch. 16 para. 27(4)(b) (with ss. 139(2), 143(2)); S.I. 1998/2244, art. 5

Marginal Citations

M8 1964 c. 56.

[F116 69A Land subject to housing management agreement. E+W+S

A housing association is not entitled to a [F117 grant under section 50 (housing association grant) or section 51 (revenue deficit grant) of the Housing Act 1988] in respect of land comprised in—

(a) a management agreement within the meaning of the Housing Act 1985 (see sections 27(2) and 27B(4) of that Act: delegation of housing management functions by certain authorities), or

(b) an agreement to which section [F118 22 of the Housing (Scotland) Act 1987] applies (agreements for exercise by housing co-operatives of certain local authority housing functions).]

Textual Amendments

F116 S. 69A inserted by Housing and Planning Act 1986 (c. 63, SIF 61), s. 24(2), Sch. 5 Pt. II para. 42

F117 Words substituted by Housing Act 1988 (c. 50, SIF 61), s. 59(2)(3)(4), Sch. 6 Pt. II para. 29 (which substitution has a saving in S.I. 1989/404, arts. 3(c)(ii), 4)

F118 Words “22 of the Housing (Scotland) Act 1987” substituted (S.) for “5 of the Housing Rents and Subsidies (Scotland) Act 1975” by Housing (Scotland) Act 1987 (c.26, SIF 61), ss. 335, 339(2), Sch. 23 para. 31(8)

70 Continuation of arrangements under repealed enactments. E+W+S

The provisions of Schedule 4 have effect in relation to certain arrangements affecting housing associations which continue in force despite the repeal of the enactments under or by reference to which they were made, as follows—

• Part I —Arrangements with local authorities for the provision or improvement of housing.

• Part II —Subsidy agreements with local authorities.

• Part III —Special arrangements with the Secretary of State in Scotland.

71 Superseded contributions, subsidies and grants. E+W+S

The provisions of Schedule 5 have effect with respect to superseded subsidies, contributions and grants, as follows—

• Part I —Residual subsidies: England and Wales.

• Part II —Residual subsidies: Scotland.

• Part III—Contributions and grants under arrangements with local authorities.

• Part IV—Contributions under arrangements with the Secretary of State in Scotland.

• Part V —Schemes for the unification of grant conditions.

• Part VI—New building subsidy and improvement subsidy.

• Part VII—Payments in respect of hostels under pre-1974 enactments.

Supplementary provisions E+W+S

[F119 72 Minor definitions. S

In this Part—

• . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F120

• . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F120

• . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F120

• “registered charity” has the same meaning as in Part I.]

Textual Amendments

F119 S. 72 repealed (E.W.) (1.10.1996) by S.I. 1996/2325, art. 4(1), Sch. 1 Pt. I (with art. 4(2)(3))

F120 Definitions repealed by Building Societies Act 1986 (c. 53, SIF 16), ss. 54(3)(a)(5), 120(1)(2), Sch. 18 Pt. I para. 19(2), Sch. 19 Pt. I

73 Index of defined expressions: Part II. E+W+S

The following Table shows provisions defining or explaining expressions used in this Part (other than provisions defining or explaining an expression in the same section);—

. . . F121	. . . F121
. . . F122	. . . F122
. . . F122	. . . F122
co-operative housing association	section 1(2)
dwelling	section 106
[F123 fully mutual (in relation to a housing association)]	[F123 section 1(2)]
[F123 heritable security]	[F123 section 106]
hostel	section 106
. . . F124	. . . F124
house	section 106
[F123 housing activities]	[F123 section 106]
housing association	section 1(1)
. . . F124	. . . F124
. . . F124	. . . F124
local authority	section 106
local housing authority	section 104
. . . F125	. . . F125
F126 . . .	. . .
[F123 registered charity]	[F123 section 72]
[F127 registered housing association	section 2B]
[F128 registered social landlord	section 2B]
. . . F121	. . . F121
self-build society	section 1(3)
. . . F129	. . . F129
. . . F121	. . . F121
[F130 unregistered (in relation to a housing association)	section 2B]

Textual Amendments

F121 Entry repealed by Housing Act 1988 (c. 50, SIF 61), s. 140(2), Sch. 18

F122 Entries repealed by Building Societies Act 1986 (c. 53, SIF 16), ss. 54(3)(a)(5), 120(1)(2), Sch. 18 Pt. I para. 19(2), Sch. 19 Pt. I

F123 S. 73: definitions repealed (E.W.) (1.10.1996) by S.I. 1996/2325, art. 4(1), Sch. 1 Pt. I (with art. 4(2)(3))

F124 Entries repealed by Housing Act 1988 (c. 50, SIF 61), s. 140(2), Sch. 18

F125 Entry repealed by Building Societies Act 1986 (c. 53, SIF 16), ss. 54(3)(a), 120(1)(2), Sch. 18 Pt. I para. 19(2), Sch. 19 Pt. I

F126 S. 73: definition repealed (1.10.1996) by S.I. 1996/2325, art. 4(1), Sch. 1 Pts. I, II (with savings in art. 4(2)(3))

F127 S. 73: definition inserted (S.) (1.10.1996) by S.I. 1996/2325, art. 5(1), Sch. 2 para. 24(a)

F128 S. 73: definition inserted (1.10.1996) by S.I. 1996/2325, art. 5(1), Sch. 2 para. 24(b)

F129 By Housing and Planning Act 1986 (c. 63, SIF 61), s. 24(1), Sch. 5 Pt. I para. 8(2) an entry relating to shared ownership agreement was inserted in s. 73 at the appropriate place and by Housing Act 1988 (c. 50, SIF 61), s. 140(2), Sch. 18 that entry was repealed

F130 S. 73: definition inserted (1.10.1996) by S.I. 1996/2325, art. 5(1), Sch. 2 para. 24(c)

Part III E+W+S The Housing Corporation

Modifications etc. (not altering text)

C9 Pt. III (ss. 74-102) excluded (E.W.) (1.10.1996) by 1996 c. 52, s. 7, Sch. 1 para. 15(6); S.I. 1996/2402, art. 3 (subject to transitional provisions and savings in Sch.)

Constitution and other general matters E+W+S

74 The Housing Corporation. E+W

(1) This Part has effect with respect to the Housing Corporation [F131 and the Secretary of State

(1A) Each of them] is referred to in this part as “the [F132 Relevant Authority]”.

(2) The provisions of Schedule 6 have effect with respect to the constitution and proceedings of, and other matters relating to, [F133 the Housing Corporation].

[F134 (3) The functions conferred by this Part in relation to registered social landlords are exercisable by the [F132 Relevant Authority] in whose register they are registered.

As to which [F132 Relevant Authority] that is, see section 56 of the Housing Act 1996.]

[F135 (4) In this Part,—

(a) in relation to land in Wales held by an unregistered housing association, “the [F132 Relevant Authority]” means [F136 the Secretary of State]; and

(b) in relation to land outside Wales held by such an association, “the [F132 Relevant Authority]” means the Housing Corporation.]

Extent Information

E1 This version of this provision extends to England and Wales only; a separate version has been created for Scotland only

Textual Amendments

F131 Words in s. 74(1) substituted (1.11.1998) by 1998 c. 38, s. 140, Sch. 16 para. 29(2) (with ss. 139(2), 143(2)); S.I. 1998/2244, art. 5

F132 Words in Pt. III (ss. 74-102) substituted (1.11.1998) by 1998 c. 38, s. 140, Sch. 16 para. 28(a) (with ss. 139(2), 143(2)); S.I. 1998/2244, art. 5

F133 Words substituted by Housing Act 1988 (c. 50, SIF 61), s. 59(2)(3)(4), Sch. 6 Pt. III para. 31(2)

F134 S. 74(3) substituted (1.10.1996) by S.I. 1996/2325, art. 5(1), Sch. 2 para. 15(25)

F135 S. 74(4) inserted by Housing Act 1988 (c. 50, SIF 61), s. 59(2)(3)(4), Sch. 6 Pt. III para. 31(3)

F136 Words in s. 74(4)(a) substituted (1.11.1998) by 1998 c. 38, s. 140, Sch. 16 para. 29(3) (with ss. 139(2), 143(2)); S.I. 1998/2244, art. 5

75 General functions of the [F137 Relevant Authority]. E+W

(1) The [F137 Relevant Authority] has the following general functions—

[F138 (a) to facilitate the proper performance of the functions of registered social landlords;

(b) to maintain a register of social landlords and to exercise supervision and control over such persons;

(c) to promote and assist the development of self-build societies (other than registered social landlords) and to facilitate the proper performance of the functions, and to publicise the aims and principles, of such societies;]

(d) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F139

(e) to undertake, to such extent as the [F137 Relevant Authority] considers necessary, the provision (by construction, acquisition, conversion, improvement or otherwise) of dwellings for letting or for sale and of hostels, and the management of dwellings or hostels so provided.

F140 [(f) F141 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .]

[F142 (1A) The Housing Corporation also has the general function of providing, on request, to such extent as the Housing Corporation considers appropriate, advice and assistance to the Audit Commission for Local Authorities and the National Health Service in England and Wales in relation to the functions of the Commission mentioned in subsection (1B).

(1B) The functions referred to in subsection (1A) are the functions of the Commission under Part 1 of the Local Government Act 1999 (best value), except to the extent that those functions are exercisable in relation to best value authorities in Wales (within the meaning given in that Act).]

(2) The [F137 Relevant Authority] shall exercise its general functions subject to and in accordance with the provisions of this Act [F143 and Part I of the Housing Act 1996].

(3) Subsection (1) is without prejudice to specific functions conferred on the [F137 Relevant Authority]by or under this Act [F144 or Part I of the Housing Act 1996].

(4) The [F137 Relevant Authority] may do such things and enter into such transactions as are incidental to or conducive to the exercise of any of its functions, general or specific, under this Act [F144 or Part I of the Housing Act 1996].

F145 (5) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Extent Information

E2 This version of this provision extends to England and Wales only; a separate version has been created for Scotland only

Textual Amendments

F137 Words in Pt. III (ss. 74-102) substituted (1.11.1998) by 1998 c. 38, s. 140, Sch. 16 para. 28(a) (with ss. 139(2), 143(2)); S.I. 1998/2244, art. 5

F138 S. 75(1)(a)-(c) substituted (1.10.1996) by 1996 c. 52, s. 55(1), Sch. 3 para. 5; S.I. 1996/2402, art. 3 (with transitional provisions and savings in Sch.)

F139 Ss. 41–51, 75(1)(d) repealed by Housing Act 1988 (c. 50, SIF 61), s. 140(2), Sch. 18

F140 S. 75(1)(f) inserted (27.9.1999 for E. for certain purposes and 1.10.1999 for W. otherwise 27.7.2000) by 1999 c. 27, ss. 22(7), 27(2); S.I. 1999/2169, art. 3(2), Sch. 2; S.I. 1999/2815, art. 2

F141 S. 75(1)(f) repealed (1.4.2005) by Public Audit (Wales) Act 2004 (c. 23), s. 73, Sch. 2 para. 5(2), Sch. 4; S.I. 2005/558, art. 2, Sch. 1

F142 S. 75(1A)(1B) inserted (1.4.2005) by Public Audit (Wales) Act 2004 (c. 23), s. 73, Sch. 2 para. 5(3); S.I. 2005/558, art. 2, Sch. 1

F143 Words in s. 75(2) inserted (1.10.1996) by S.I. 1996/2325, art. 5(1), Sch. 2 para. 15(26)(a)

F144 Words in s. 75(3)(4) inserted (1.10.1996) by S.I. 1996/2325, art. 5(1), Sch. 2 para. 15(26)(b)

F145 S. 75(5) repealed (2.4.2001) by 2000 c. 34, s. 9(2), Sch. 3 (with s. 10(5)), S.I. 2001/566, art. 2

76 Directions by the Secretary of State. E+W+S

(1) The Secretary of State may give directions to the [F146 Housing Corporation] as to the exercise of its functions.

(2) A direction as to the terms of loans made under section 79 (lending powers of [F146 Housing Corporation]) requires the consent of the Treasury.

(3) Directions may be of a general or particular character and may be varied or revoked by subsequent directions.

(4) Non-compliance with a direction does not invalidate a transaction between a person and the [F146 Housing Corporation] unless the person had actual notice of the direction.

Textual Amendments

F146 Words in s. 76(1)(2)(4) substituted (1.11.1998) by 1998 c. 38, s. 140, Sch. 16 para. 31 (with ss. 139(2), 143(2)); S.I. 1998/2244, art. 5

[F147 76A Realisation of value of [F148 Housing Corporation’s] loans portfolio. E+W

(1) The [F149 Housing Corporation] may, and if so directed by the Secretary of State (under section 76) shall, enter into arrangements of a description approved by the Secretary of State for the purpose of realising the value of the whole or part of its loans portfolio.

(2) The arrangements may provide for—

(a) the transfer of any estate or interest of the [F149 Housing Corporation], or

(b) the creation or disposal of economic interests not involving a transfer of an estate or interest,

and may extend to such incidental or ancillary matters as the [F149 Housing Corporation] or the Secretary of State considers appropriate.

(3) In this section the [F148 Housing Corporation’s]“loans portfolio” means the [F148 Housing Corporation’s] rights and obligations in relation to any loans or related securities.

(4) Nothing in the terms of any loan or related transaction entered into by the [F149 Housing Corporation] shall be construed as impliedly prohibiting or restricting the [F149 Housing Corporation] from dealing with its loans portfolio in accordance with arrangements under this section.]

Textual Amendments

F147 S. 76A inserted (E.W.) (1.10.1996) by 1996 c. 52, s. 55(1), Sch. 3 para. 6; S.I. 1996/2402, art. 3 (with transitional provisions and savings in Sch.)

F148 Words in s. 76A heading substituted (1.11.1998) by 1998 c. 38, s. 140, Sch. 16 para. 32(3) (with ss. 139(2), 143(2)); S.I. 1998/2244, art. 5

F149 Words in s. 76A(1)(2)(4) substituted (1.11.1998) by 1998 c. 38, s. 140, Sch. 16 para. 32(2) (with ss. 139(2), 143(2)); S.I. 1998/2244, art. 5

77 Advisory service. E+W+S

(1) The [F150 Relevant Authority] may provide an advisory service for the purpose of giving advice on legal, architectural and other technical matters to [F151 registered social landlords or unregistered housing associations] and to persons who are forming a housing association or are interested in the possibility of doing so.

(2) The [F150 Relevant Authority] may make charges for the service.

[F152 (3) The powers conferred on the [F150 Relevant Authority] by subsections (1) and (2) may be exercised by the Housing Corporation and [F153 the Secretary of State] acting jointly]

Extent Information

E3 This version of this provision extends to England and Wales only; a separate version has been created for Scotland only

Textual Amendments

F150 Words in Pt. III (ss. 74-102) substituted (1.11.1998) by 1998 c. 38, s. 140, Sch. 16 para. 28(a) (with ss. 139(2), 143(2)); S.I. 1998/2244, art. 5

F151 Words in s. 77(1) substituted (1.10.1996) by S.I. 1996/2325, art. 5(1), Sch. 2 para. 15(27)

F152 S. 77(3) added by Housing Act 1988 (c. 50, SIF 61), s. 59(2)(3)(4), Sch. 6 Pt. III para. 33

F153 Words in s. 77(3) substituted (1.11.1998) by 1998 c. 38, s. 140, Sch. 16 para. 33 (with ss. 139(2), 143(2)); S.I. 1998/2244, art. 5

78 Annual report. E+W+S

(1) The [F154 Housing Corporation] shall, as soon as possible after the end of each financial year, make a report to the Secretary of State on the exercise of its functions during the year.

(2) It shall include in the report a copy of its audited accounts and shall set out in the report any directions given to it by the Secretary of State during the year.

(3) The Secretary of State shall lay a copy of the report before each House of Parliament.

Textual Amendments

F154 Words in s. 78(1) substituted (1.11.1998) by 1998 c. 38, s. 140, Sch. 16 para. 34 (with ss. 139(2), 143(2)); S.I. 1998/2244, art. 5

Modifications etc. (not altering text)

C10 S. 78(1)(2) modified (1.11.1998) by 1998 c. 38, s. 142(2) (with ss. 139(2), 143(2)); S.I. 1998/2244, art. 5

C11 S. 78(3) applied (1.11.1998) by 1998 c. 38, s. 142(4) (with ss. 139(2), 143(2)); S.I. 1998/2244, art. 5

[F155 Relevant Authority’s] powers with respect to grants and loans E+W+S

Textual Amendments

F155 Words in Pt. III (ss. 74-102) substituted (1.11.1998) by 1998 c. 38, s. 140, Sch. 16 para. 28(a) (with ss. 139(2), 143(2)); S.I. 1998/2244, art. 5

79 Lending powers. E+W+S

[F156 (1) The Relevant Authority may lend to a registered social landlord or an unregistered self-build society, and the Housing Corporation may lend to any of its subsidiaries or to any other body in which it holds an interest, for the purpose of enabling the body to meet the whole or part of expenditure incurred or to be incurred by it in carrying out its objects.

(2) The Relevant Authority may lend to an individual for the purpose of enabling him to acquire from—

(a) the Relevant Authority, or

(b) any body to which the Relevant Authority may lend under subsection (1),

a legal estate or interest in a dwelling which he intends to occupy.]

(3) A loan under this section may be by way of temporary loan or otherwise, and the terms of a loan made under subsection (1) may include (though the terms of a loan made under subsection (2) may not) terms for preventing repayment of the loan or part of it before a specified date without the consent of the [F157 Relevant Authority].

(4) The terms of a loan under this section shall, subject to subsection (3) and [F158 (in the case of a loan by the Housing Corporation)]to any direction under section 76 (general power of Secretary of State to give directions), be such as the [F157 Relevant Authority] may determine, either generally or in a particular case.

Textual Amendments

F156 S. 79(1)(2) substituted (1.11.1998) by 1998 c. 38, s. 140, Sch. 16 para. 35(2) (with ss. 139(2), 143(2)); S.I. 1998/2244, art. 5

F157 Words in Pt. III (ss 74-102) substituted (1.11.1998) by 1998 c. 38, s. 140, Sch. 16 para. 28(a) (with ss. 139(2), 143(2)); S.I. 1998/2244, art. 5

F158 Words in s. 79(4) inserted (1.11.1998) by 1998 c. 38, s. 140, Sch. 16 para. 35(3) (with ss. 139(2), 143(2)); S.I. 1998/2244, art. 5

80 Security for loans to unregistered self-build societies. E+W+S

(1) Where the [F159 Relevant Authority]—

(a) makes a loan to an unregistered self-build society under section 79(1); and

(b) under a mortgage or heritable security entered into by the society to secure the loan has an interest as mortgagee or creditor in land belonging to the society,

it may F160 . . . give the society directions with respect to the disposal of the land.

(2) The society shall comply with directions so given so long as the [F159 Relevant Authority] continues to have such an interest in the land.

(3) Directions so given may be varied or revoked by subsequent directions F161 . . ..

[F162 (3A) The written consent of the Secretary of State is required for the giving, varying or revoking of directions by the Housing Corporation.]

(4) The Secretary of State shall not [F163 give directions under this section requiring a society to transfer its interest in land to him or any other person, and shall not consent to the Housing Corporation’s giving such directions requiring a society to transfer its interest in land to the Housing Corporation or] any other person, unless he is satisfied that arrangements have been made which will secure that the members of the society receive fair treatment in connection with the transfer.

Textual Amendments

F159 Words in Pt. III (ss. 74-102) substituted (1.11.1998) by 1998 c. 38, s. 140, Sch. 16 para. 28(a) (with ss. 139(2), 143(2)); S.I. 1998/2244, art. 5

F160 Words in s. 80(1) repealed (1.11.1998) by 1998 c. 38, ss. 140, 152, Sch. 16 para. 36(2), Sch. 18 Pt. VI (with ss. 137(1), 139(2), 141(1), 143(2)); S.I. 1998/2244, art. 5

F161 Words in s. 80(3) repealed (1.11.1998) by 1998 c. 38, ss. 140, 152, Sch. 16 para. 36(3), Sch. 18 Pt. VI (with ss. 137(1), 139(2), 141(1), 143(2)); S.I. 1998/2244, art. 5

F162 S. 80(3A) inserted (1.11.1998) by 1998 c. 38, s. 140, Sch. 16 para. 36(4) (with ss. 139(2), 143(2)); S.I. 1998/2244, art. 5

F163 Words in s. 80(5) substituted (1.11.1998) by 1998 c. 38, s. 140, Sch. 16 para. 36(5) (with ss. 139(2), 143(2)); S.I. 1998/2244, art. 5

81 Further advances in case of disposal on shared ownership lease. E+W

Where—

(a) a lease of a dwelling, granted otherwise than in pursuance of the provisions of Part V of the M9 Housing Act 1985 (the right to buy) relating to shared ownership leases, contains a provision to the like effect as that required by paragraph 1 of Schedule 8 to that Act (terms of shared ownership lease: right of tenant to acquire additional shares), and

(b) the [F164 Relevant Authority]has, in exercise of any of its powers, left outstanding or advanced any amount on the security of the dwelling,

that power includes power to advance further amounts for the purpose of assisting the tenant to make payments in pursuance of that provision.

Textual Amendments

F164 Words in Pt. III (ss. 74-102) substituted (1.11.1998) by 1998 c. 38, s. 140, Sch. 16 para. 28(a) (with ss. 139(2), 143(2)); S.I. 1998/2244, art. 5

Marginal Citations

M9 1985 c. 68.

82 Loans made under s. 2 of the Housing Act 1964. E+W+S

Schedule 7 (further powers of [F165 Relevant Authority] with respect to land of certain housing associations) applies where a loan has been made to a housing association under section 2 of the M10 Housing Act 1964 and the loan has not been repaid.

Textual Amendments

F165 Words in Pt. III (ss. 74-102) substituted (1.11.1998) by 1998 c. 38, s. 140, Sch. 16 para. 28(a) (with ss. 139(2), 143(2)); S.I. 1998/2244, art. 5

Marginal Citations

M10 1964 c. 56.

83 Power to guarantee loans. E+W+S

[F166 (1) The Relevant Authority may guarantee the repayment of the principal of, and the payment of interest on, sums borrowed by registered social landlords or unregistered self-build societies; and the Housing Corporation may guarantee the repayment of the principal of, and the payment of interest on, sums borrowed by other bodies in which it holds an interest.]

[F167 (1A) The consent of the Secretary of State given with the approval of the Treasury is required for the giving of a guarantee by the Housing Corporation and the approval of the Treasury is required for the giving of a guarantee by the Secretary of State.]

(2) Where the Corporation gives such a guarantee, it may impose such terms and conditions as it thinks fit.

(3) The aggregate amount outstanding in respect of—

(a) loans for which [F168 the Housing Corporation] has given a guarantee under this section, and

(b) payments made by [F168 the Housing Corporation] in meeting an obligation arising by virtue of such a guarantee and not repaid to [F168 the Housing Corporation],

shall not exceed £300 million or such greater sum not exceeding £500 million as the Secretary of State may specify by order made with the approval of the Treasury.

[F169 (3A) The aggregate amount outstanding in respect of—

(a) loans for which [F170 the Secretary of State (or Housing for Wales)] has given a guarantee under this section, and

(b) payments made by [F170 the Secretary of State (or Housing for Wales)] in meeting an obligation arising by virtue of such a guarantee and not repaid to [F170 the Secretary of State (or Housing for Wales)],

shall not exceed £30 million or such greater sum not exceeding £50 million as the Secretary of State may specify by order made with the approval of the Treasury]

(4) An order under subsection (3) [F171 or subsection (3A)] shall be made by statutory instrument and no such order shall be made unless a draft of it has been laid before and approved by the House of Commons.

Textual Amendments

F166 S. 83(1) substituted (1.11.1998) by 1998 c. 38, s. 140, Sch. 16 para. 37(2) (with ss. 139(2), 143(2)); S.I. 1998/2244, art. 5

F167 S. 83(1A) inserted (1.11.1998) by 1998 c. 38, s. 140, Sch. 16 para. 37(3) (with ss. 139(2), 143(2)); S.I. 1998/2244, art. 5

F168 Words substituted by Housing Act 1988 (c. 50, SIF 61), s. 59(2)(3)(4), Sch. 6 Pt. III para. 34(1)

F169 S. 83(3A) inserted by Housing Act 1988 (c. 50, SIF 61), s. 59(2)(3)(4), Sch. 6 Pt. III para. 34(2)

F170 Words in s. 83(3A) substituted (1.11.1998) by 1998 c. 38, s. 140, Sch. 16 para. 37(4) (with ss. 139(2), 143(2)); S.I. 1998/2244, art. 5

F171 Words inserted by Housing Act 1988 (c. 50, SIF 61), s. 59(2)(3)(4), Sch. 6 Pt. III para. 34(3)

84 Agreements to indemnify certain lenders: England and Wales. E+W+S

(1) The [F172 Relevant Authority] may F173 . . .enter into an agreement with—

(a) a building society lending on the security of a house, or

(b) a recognised body making a relevant advance on the security of a house,

whereby, in the event of default by the mortgagor, and in circumstances and subject to conditions specified in the agreement, the [F172 Relevant Authority]binds itself to indemnify the society or body in respect of the whole or part of the mortgagor’s outstanding indebtedness and any loss or expense falling on the society or body in consequence of the mortgagor’s default.

(2) The agreement may also, if the mortgagor is made party to it, enable or require the [F172 Relevant Authority] in specified circumstances to take a transfer of the mortgage and assume rights and liabilities under it, the building society or recognised body being then discharged in respect of them.

(3) The transfer may be made to take effect—

(a) on terms provided for by the agreement (including terms involving substitution of a new mortgage agreement or modification of the existing one), and

(b) so that the [F172 Relevant Authority]is treated as acquiring (for and in relation to the purposes of the mortgage) the benefit and burden of all preceding acts, omissions and events.

(4) The [F174 Housing Corporation may not enter into an agreement without the approval of the Secretary of State who] may approve particular agreements or give notice that particular forms of agreement have his approval, and in either case may make his approval subject to conditions.

(5) The Secretary of State shall, before giving notice that a particular form of agreement has his approval [F175 and before himself entering into an agreement in a form about which he has not previously consulted under this subsection], consult—

(a) in the case of a form of agreement with a building society, the [F176 Financial Services Authority] and such organisations representative of building societies and local authorities as he thinks expedient, and

(b) in the case of a form of agreement with a recognised body, such organisations representative of such bodies and local authorities as he thinks expedient.

F177 (6) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F172 Words in Pt. III (ss. 74-102) substituted (1.11.1998) by 1998 c. 38, s. 140, Sch. 16 para. 28(a) (with ss. 139(2), 143(2)); S.I. 1998/2244, art. 5

F173 Words in s. 84(1) repealed (1.11.1998) by 1998 c. 38, ss. 140, 152, Sch. 16 para. 38(2), Sch. 18 Pt. VI (with ss. 137(1), 139(2), 141(1), 143(2)); S.I. 1998/2244, art. 5

F174 Words in s. 84(4) substituted (1.11.1998) by 1998 c. 38, s. 140, Sch. 16 para. 38(3) (with ss. 139(2), 143(2)); S.I. 1998/2244, art. 5

F175 Words in s. 84(5) inserted (1.11.1998) by 1998 c. 38, s. 140, Sch. 16 para. 38(4) (with ss. 139(2), 143(2)); S.I. 1998/2244, art. 5

F176 Words in s. 85(5)(a) substituted (1.12.2001) by S.I. 2001/3649, art. 301

F177 S. 84(6) repealed (1.3.2000) by S.I. 2000/311, art. 16

Modifications etc. (not altering text)

C12 Ss. 84(5)(b), 85(4l) amended by Local Government Act 1985 (c. 51, SIF 81:1), s. 57(7), Sch. 13 paras. 22, 23 as substituted by Housing (Consequential Provisions) Act 1985 (c.71, SIF 61), s. 4, Sch. 2 para. 61

Ss. 84(5)(b), 85(4) extended (5.7.1994) by 1994 c. 19, s. 39, Sch. 13 para. 20(l) (with ss. 54(4)(7), 55(5), Sch. 17 paras. 22(1), 23(2))

Ss. 84(5)(b), 85(4) modified (1.4.1995) by S.I. 1995/401, art. 18, Sch. para. 9

85 Meaning of “recognised body” and “relevant advance”. E+W

(1) The expressions “recognised body” and “relevant advance” in section 84 (agreements to indemnify certain lenders) shall be construed in accordance with the following provisions.

(2) A “recognised body” means a body specified, or of a class or description specified, in an order made by statutory instrument by the Secretary of State F178 . . ..

(3) Before making such an order varying or revoking an order previously made, the Secretary of State shall give an opportunity for representations to be made on behalf of a recognised body which, if the order were made, would cease to be such a body.

(4) A “relevant advance” means an advance made to a person whose interest in the dwelling is or was acquired by virtue of a conveyance of the freehold or an assignment of a long lease, or a grant of a long lease by—

• a local authority,

• a new town corporation,

• an urban development corporation,

• F179 . . .

• the [F180 Housing Corporation], or

• a [F181 registered social landlord].[F182 or an advance made to such a person by the Secretary of State if the conveyance, assignment or grant was made under section 90.]

(5) In subsection (4) “long lease” has the same meaning as in Part V of the M11 Housing Act 1985 (the right to buy).

Textual Amendments

F178 Words in s. 85(2) repealed (1.10.1996) by 1996 c. 52, ss. 222, 227, Sch. 18 Pt. IV para. 22(1)(d), Sch. 19 Pt. XIII; S.I. 1996/2402, art. 3 (subject to transitional provisions and savings in Sch.)

F179 Words in s. 85(4) repealed (1.11.1998) 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. 5

F180 Words in s. 85(4) substituted (1.11.1998) by 1998 c. 38, s. 140, Sch. 16 para. 39(a) (with ss. 139(2), 143(2)); S.I. 1998/2244, art. 5

F181 Words in s. 85(4) substituted (1.10.1996) by S.I. 1996/2325, art. 5(1), Sch. 2 para. 15(30)

F182 Words in s. 85(4) inserted (1.11.1998) by 1998 c. 38, s. 140, Sch. 16 para. 39(b) (with ss. 139(2), 143(2)); S.I. 1998/2244, art. 5

Modifications etc. (not altering text)

C13 Ss. 84(5)(b), 85(4) amended by Local Government Act 1985 (c. 51, SIF 81:1), s. 57(7), Sch. 13 paras. 22, 23 as substituted by Housing (Consequential Provisions) Act 1985 (c.71, SIF 61), s. 4, Sch. 2 para. 61

Ss. 84(5)(b), 85(4) extended (5.7.1994) by 1994 c. 19, s. 39, Sch. 13 para. 20(l) (with ss. 54(4)(7), 55(5), Sch. 17 paras. 22(1), 23(2))

Ss. 84(5)(b), 85(4) modified (1.4.1995) by S.I. 1995/401, art. 18, Sch. para. 9

C14 S. 85(4) explained by Housing (Consequential Provisions) Act 1985 (c. 71, SIF 61), s. 5(1), Sch. 3 para. 5(3)

Marginal Citations

M11 1985 c. 68.

86 Agreements to indemnify building societies: Scotland. S

(1) [F183 Scottish Homes] may, with the approval of the Secretary of State, enter into an agreement with a building society [F184 or recognised body] under which [F183 Scottish Homes] binds itself to indemnify the building society [F184 or recognised body] in respect of—

(a) the whole or part of any outstanding indebtedness of a borrower; and

(b) loss or expense to the building society [F184 or recognised body] resulting from the failure of the borrower duly to perform any obligation imposed on him by [F185 a] heritable security.

(2) The agreement may also, where the borrower is made party to it, enable or require [F183 Scottish Homes] in specified circumstances to take an assignation of the rights and liabilities of the building society [F186 or recognised body] under the heritable security.

(3) Approval of the Secretary of State under subsection (1) may be given generally in relation to agreements which satisfy specified requirements, or in relation to individual agreements, and with or without conditions, as he thinks fit, and such approval may be withdrawn at any time on one month’s notice.

(4) Before issuing any general approval under subsection (1) the Secretary of State shall consult with such bodies as appear to him to be representative of islands and district councils, and of building societies, and also with [F183 Scottish Homes] and with the [F187 Financial Services Authority].

F188 (5) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

[F189 (6) In this section, “recognised body” means a body designated, or of a class or description designated, in an order made under this subsection by statutory instrument by the Secretary of State with the consent of the Treasury.

(7) Before making an order under subsection (6) above varying or revoking an order previously so made, the Secretary of State shall give an opportunity for representations to be made on behalf of a recognised body which, if the order were made, would cease to be such a body.]

Textual Amendments

F183 Words in s. 86(1)(2)(4) substituted (1.10.1996) by S.I. 1996/2325, art. 5(1), Sch. 2 para. 15(6)

F184 Words inserted by Housing (Scotland) Act 1986 (c. 65, SIF 61), s. 25(1), Sch. 2 para. 4(6)(a)(i)

F185 “a” substituted by Housing (Scotland) Act 1986 (c. 65, SIF 61), s. 25(1), Sch. 2 para. 4(6)(a)(ii)

F186 Words inserted by Housing (Scotland) Act 1986 (c. 65, SIF 61), s. 25(1), Sch. 2 para. 4(6)(b)

F187 Words in s. 86(4) substituted (1.12.2001) by S.I. 2001/3649, art. 302

F188 S. 86(5) repealed (1.3.2000) by S.I. 2000/311, art. 16

F189 S. 86(6)(7) added by Housing (Scotland) Act 1986 (c. 65, SIF 61), s. 25(1), Sch. 2 para. 4(6)(d)

[F190 87 Financial assistance with respect to formation, management, etc. of certain housing associations. E+W

[F191 (1) The [F192 Relevant Authority]may give financial assistance to any person to facilitate the proper performance of the functions of registered social landlords or co-operative housing associations.]

(2) Assistance under this section may be in the form of grants, loans, guarantees or incurring expenditure for the benefit of the person assisted or in such other way as the [F192 Relevant Authority] considers appropriate, except that the may not, in giving any form of financial assistance [F193 under this section], purchase loan or share capital in a company.

(3) With respect to financial assistance under this section, the following—

(a) the procedure to be followed in relation to applications for assistance,

(b) the circumstances in which assistance is or is not to be given,

(c) the method for calculating, and any limitations on, the amount of assistance, and

(d) the manner in which, and the time or times at which, assistance is to be given,

shall be such as may be specified by the [F192 Relevant Authority]F194 ...

(4) In giving assistance under this section, the may provide that the assistance is conditional upon compliance by the person to whom the assistance is given with such conditions as it may specify.

(5) Where assistance under this section is given in the form of a grant, subsections (1), (2) and (7) to (9) of section 52 of the Housing Act 1988 (recovery, etc. of grants) shall apply as they apply in relation to a grant to which that section applies, but with the substitution, for any reference in those subsections to the [F195 registered] housing association to which the grant has been given, of a reference to the person to whom assistance is given under this section.

F196 (6) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .]

Extent Information

E4 This version of this provision extends to England and Wales only; a separate version has been created for Scotland only

Textual Amendments

F190 S. 87 substituted by Local Government and Housing Act 1989 (c. 42 SIF 61), s.183

F191 S. 87(1) substituted (1.10.1996) by 1996 c. 52, s. 55(1), Sch. 3 para. 7; S.I. 1996/2402 art. 3 (with transitional provisions and savings in Sch.)

F192 Words in Pt. III (ss. 74-102) substituted (1.11.1998) by 1998 c. 38, s. 140, Sch. 16 para. 28(a) (with ss. 139(2), 143(2)); S.I. 1998/2244, art. 5

F193 Words in s. 87(2) inserted (1.11.1998) by 1998 c. 38, s. 140, Sch. 16 para. 40 (with ss. 139(2), 143(2)); S.I. 1998/2244, art. 5

F194 Words in s. 87(3) repealed (18.1.2005) by Housing Act 2004 (c. 34), s. 270(3)(b), Sch. 11 para. 1(a), Sch. 16

F195 Word in s. 87(5) repealed (1.10.1996) by S.I. 1996/2325, art. 4(1), Sch. 1 Pt. I (with art. 4(2)(3))

F196 S. 87(6) repealed (18.1.2005) by Housing Act 2004 (c. 34), s. 270(3)(c), Sch. 11 para. 1(b), Sch. 16

[F197 Relevant Authority’s] powers with respect to land and works E+W+S

Textual Amendments

F197 Words in Pt. III (ss. 74-102) substituted (1.11.1998) by 1998 c. 38, s. 140, Sch. 16 para. 28(b) (with ss. 139(2), 143(2)); S.I. 1998/2244, art. 5

88 Acquisition of land. E+W

(1) The [F198 Relevant Authority] may acquire land by agreement for the purpose of—

(a) selling or leasing it to a [F199 registered social landlord] or an unregistered self-build society, or

(b) providing dwellings (for letting or for sale) or hostels,

and [F200 the Housing Corporation may be authorised by the Secretary of State to, and the Secretary of State may,] acquire land compulsorily for any such purpose.

(2) Land may be so acquired by the [F198 Relevant Authority] notwithstanding that it is not immediately required for any such purpose.

(3) In relation to a compulsory purchase of land by the [F198 Relevant Authority] under this section—

(a) in England and Wales, the M12 Acquisition of Land Act 1981 applies;

(b) in Scotland, the M13 Acquisition of Land (Authorisation Procedure) (Scotland) Act 1947 applies as if the [F198 Relevant Authority] were a local authority and as if this section were contained in an Act in force immediately before the commencement of that Act.

(4) For the purposes of the purchase of land in Scotland by agreement by the [F198 Relevant Authority]—

(a) the Lands Clauses Acts (except so much of them as relates to the acquisition of land otherwise than by agreement, the provisions relating to access to the special Act and section 120 to 125 of the M14 Lands Clauses Consolidation (Scotland) Act 1845), and

(b) sections 6 and 70 to 78 of the M15 Railways Clauses Consolidation (Scotland) Act 1845 (as originally enacted and not as amended by section 15 of the M16 Mines (Working Facilities and Support) Act 1923),

are hereby incorporated with this section, and in construing those Acts for the purposes of this section this section shall be deemed to be the special Act and the [F198 Relevant Authority] shall be deemed to be the promotors of the undertaking or company, as the case may require.

(5) In Scotland the [F198 Relevant Authority] may (without prejudice to their own power to acquire land compulsorily) request the Scottish Special Housing Association to acquire land compulsorily on its behalf (as provided in section [F201 23 of the Housing (Scotland) Act 1987]) for any purpose for which the [F198 Relevant Authority] may purchase land compulsorily.

Extent Information

E5 This version of this provision extends to England and Wales only; a separate version has been created for Scotland only

Textual Amendments

F198 Words in Pt. III (ss. 74-102) substituted (1.11.1998) by 1998 c. 38, s. 140, Sch. 16 para. 28(a) (with ss. 139(2), 143(2)); S.I. 1998/2244, art. 5

F199 Words in s. 88(1) substituted (1.10.1996) by S.I. 1996/2325, art. 5(1), Sch. 2 para. 15(31)

F200 Words in s. 88(1) substituted (1.11.1998) by 1998 c. 38, s. 140, Sch. 16 para. 41 (with ss. 139(2), 143(2)); S.I. 1998/2244, art. 5

F201 Words “23 of the Housing (Scotland) Act 1987” substituted (S.) for “175(2) of the Housing (Scotland) Act 1966” by Housing (Scotland) Act 1987 (c. 26, SIF 61), ss. 335, 339(2), Sch. 23 para. 31(9)

Marginal Citations

M12 1981 c. 67.

M13 1947 c. 42.

M14 1845 c. 19.

M15 1845 c. 33.

M16 1923 c. 20.

89 Provision of dwellings or hostels and clearance, management and development of land. E+W

(1) The [F202 Relevant Authority]may provide or improve dwellings or hostels on land belonging to it.

(2) The [F202 Relevant Authority] may clear land belonging to it and carry out other work on the land to prepare it as a building site or estate, including—

(a) the laying out and construction of streets or roads and open spaces, and

(b) the provision of sewerage facilities and supplies of gas, electricity and water.

(3) The [F202 Relevant Authority]may repair, maintain and insure buildings or works on land belonging to it, may generally deal in the proper course of management with such land and buildings or works on it, and may charge for the tenancy or occupation of such land, buildings or works.

(4) The [F202 Relevant Authority]may carry out such operations on, and do such other things in relation to, land belonging to it as appear to it to be conducive to facilitating the provision or improvement of dwellings or hostels on the land—

(a) by the [F202 Relevant Authority] itself, or

(b) by a [F203 registered social landlord] or unregistered self-build society.

(5) In the exercise of its powers under subsection (4) the [F202 Relevant Authority] may carry out any development ancillary to or in connection with the provision of dwellings or hostels, including development which makes provision for buildings or land to be used for commercial, recreational or other non-domestic purposes.

Extent Information

E6 This version of this provision extends to England and Wales only; a separate version has been created for Scotland only

Textual Amendments

F202 Words in Pt. III (ss. 74-102) substituted (1.11.1998) by 1998 c. 38, s. 140, Sch. 16 para. (with ss. 139(2), 143(2)); S.I. 1998/2244, art. 5

F203 Words in s. 89(4)(b) substituted (1.10.1996) by S.I. 1996/2325, art. 5(1), Sch. para. 15(32)

90 Disposal of land. E+W

(1) The [F204 Relevant Authority] may dispose of land in respect of which it has not exercised its powers under section 89(1) (provision or improvement of dwellings or hostels) and on which it has not carried out any such development as is mentioned in section 89(5) [F205 (ancillary development) to a registered social landlord or an unregistered self-build society; and the Housing Corporation may dispose of such land to any of its subsidiaries or to any other body in which it holds an interest.]

(2) The [F204 Relevant Authority] may dispose of land on which dwellings or hostels have been provided or improved in exercise of its powers under section 89 to—

• a [F206 registered social landlord],

• a local authority,

• a new town corporation [F207 , or

• Scottish Homes;

and the Housing Corporation may dispose of any such land to any of its subsidiaries.]

(3) The [F204 Relevant Authority] may sell or lease individual dwellings to persons for their own occupation; but where the dwelling concerned was acquired [F208 by the Housing Corporation]by compulsory purchase under section 88(1), it shall not be disposed of under this subsection without the written consent of the Secretary of State.

(4) The [F204 Relevant Authority]may dispose of a building or land intended for use for commercial, recreational or other non-domestic purposes in respect of which development has been carried out by virtue of section 89; but no such building or land shall be disposed of [F209 by the Housing Corporation]for less than the best consideration it commands except with the written consent of the Secretary of State.

(5) The [F204 Relevant Authority] may dispose of land which is not required for the purposes for which it was acquired; but where the land—

(a) was acquired compulsorily by, or on behalf of, the [F210 Housing Corporation]or by a local housing authority who transferred it to the [F210 Housing Corporation], or

(b) is disposed of [F211 by the Housing Corporation](otherwise than for use as, or in connection with, a highway or street) for less than the best consideration it commands,

the [F210 Housing Corporation] shall not dispose of the land except with the written consent of the Secretary of State.

(6) The [F212 Housing Corporation] may not dispose of land except in accordance with the provisions of this section.

Extent Information

E7 This version of this provision extends to England and Wales only; a separate version has been created for Scotland only

Textual Amendments

F204 Words in Pt. III (ss. 74-102) substituted (1.11.1998) by 1998 c. 38, s. 140, Sch. 16 para. 28(a) (with ss. 139(2), 143(2)); S.I. 1998/2244, art. 5

F205 Words in s. 90(1) substituted (1.11.1998) by 1998 c. 38, s. 140, Sch. 16 para. 42(2) (with ss. 139(2), 143(2)); S.I. 1998/2244, art. 5

F206 Words in s. 90(2) substituted (1.10.1996) by S.I. 1996/2325, art. 5(1), Sch. 2 para. 15(33)

F207 Words in s. 90(2) substituted (1.11.1998) by 1998 c. 38, s. 140, Sch. 16 para. 42(3) (with ss. 139(2), 143(2)); S.I. 1998/2244, art. 5

F208 Words in s. 90(3) inserted (1.11.1998) by 1998 c. 38, s. 140, Sch. 16 para. 42(4) (with ss. 139(2), 143(2)); S.I. 1998/2244, art. 5

F209 Words in s. 90(4) inserted (1.11.1998) by 1998 c. 38, s. 140, Sch. 16 para. 42(5) (with ss. 139(2), 143(2)); S.I. 1998/2244, art. 5

F210 Words in s. 90(5)(a) and in the words following (b) substituted (1.11.1998) by 1998 c. 38, s. 140, Sch. 16 para. 42(6)(a) (with ss. 139(2), 143(2)); S.I. 1998/2244, art. 5

F211 Words in s. 90(6)(b) inserted (1.11.1998) by 1998 c. 38, s. 140, Sch. 16 para. 42(6)(b) (with ss. 139(2), 143(2)); S.I. 1998/2244, art. 5

F212 Words in s. 90(6) substituted (1.11.1998) by 1998 c. 38, s. 140, Sch. 16 para. 42(7) (with ss. 139(2), 143(2)); S.I. 1998/2244, art. 5

Modifications etc. (not altering text)

C15 Reference to "Scottish Homes" substituted for the reference to "Scottish Special Housing Association" by Housing (Scotland) Act 1988 (c. 43, SIF 61), ss. 1, 3(3) Sch. 2 para. 1

91 Protection of persons deriving title under transactions requiring consent. E+W+S

Where the [F213 Housing Corporation]purport to acquire or dispose of land—

(a) in favour of a person claiming under the [F213 Housing Corporation]the transaction is not invalid by reason that any consent of the Secretary of State which is required has not been given, and

(b) a person dealing with the [F213 Housing Corporation], or with a person claiming under the [F213 Housing Corporation], shall not be concerned to see or inquire whether any such consent has been given.

Textual Amendments

F213 Words in s. 91 substituted (1.11.1998) by 1998 c. 38, s. 140, Sch. 16 para. 43 (with ss. 139(2), 143(2)); S.I. 1998/2244, art. 5

The [F214 Relevant Authority’s]finances E+W+S

Textual Amendments

F214 Words in Pt. III (ss. 74-102) substituted (1.11.1998) by 1998 c. 38, s. 140, Sch. 16 para. 28(b) (with ss. 139(2), 143(2)); S.I. 1998/2244, art. 5

92 Borrowing powers. E+W+S

(1) The [F215 Housing Corporation] may borrow from the Secretary of State, and the Secretary of State may lend to the [F215 Housing Corporation], by way of temporary loan or otherwise, such sums in sterling as the [F215 Housing Corporation] may require.

(2) The [F215 Housing Corporation]may, with the consent of the Secretary of State or in accordance with a general authorisation given by him, borrow temporarily by overdraft or otherwise such sums in sterling as the [F215 Housing Corporation]may require.

(3) The [F215 Housing Corporation]may, with the consent of the Secretary of State, borrow—

(a) from the European Investment Bank or the Commission of the European Communities, sums in any currency, and

(b) from any other person, sums in a currency other than sterling.

(4) A loan made to the [F215 Housing Corporation] by the Secretary of State shall be repaid to him at such times and by such methods, and interest on the loan shall be paid to him at such rates and at such times, as he may from time to time determine.

(5) The Treasury may issue to the Secretary of State out of the National Loans Fund such sums as are necessary to enable him to make loans to the [F215 Housing Corporation]in pursuance of this section; and sums received by the Secretary of State in pursuance of subsection (4) shall be paid into that Fund.

(6) The Secretary of State may act under this section only with the approval of the Treasury.

Textual Amendments

F215 Words in s. 92 substituted (1.11.1998) by 1998 c. 38, s. 140, Sch. 16 para. 44 (with ss. 139(2), 143(2)); S.I. 1998/2244, art. 5

93 Limit on borrowing. E+W+S

(1) The [F216 Housing Corporation] has only the borrowing powers conferred by section 92 and those powers are exercisable subject to the following limit.

(2) The aggregate amount outstanding by way of principal of—

(a) advances made to the [F217 Housing Corporation] under section 9 of the M17 Housing Act 1964 before 18th September 1974 (when that section was repealed),

(b) advances made to housing associations before 1st April 1975 in respect of which the rights and obligations of the Secretary of State were then transferred to the [F217 Housing Corporation] by section 34 of the M18 Housing Act 1974,

(c) money borrowed by the [F217 Housing Corporation] under section 92, and

(d) money borrowed by a subsidiary of the [F217 Housing Corporation] otherwise than from the [F217 Housing Corporation],

[F218 shall not exceed the limit [F219 specified] under subsection (2A)].

[F220 (2A) The limit referred to in subsection (2) is,—

(a) F221 . . .£2,000 million or such greater sum not exceeding £3,000 million as the Secretary of State may specify by order made with the consent of the Treasury; F222 . . .

F222 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .]

(3) An order under subsection [F223 (2A)] shall be made by statutory instrument and no such order shall be made unless a draft of it has been laid before and approved by the House of Commons.

(4) In ascertaining the limit imposed by subsection [F223 (2A)], interest payable on a loan made by the Secretary of State to the [F216 Housing Corporation]which, with the approval of the Treasury, is deferred and treated as part of the loan, shall, so far as outstanding, be treated as outstanding by way of principal.

(5) The power of the [F216 Housing Corporation]to borrow from a subsidiary of the [F216 Housing Corporation] is not affected by subsection (1) and borrowing from such a subsidiary shall be left out of account for the purposes of subsection [F223 (2A)].

Textual Amendments

F216 Words in s. 93(1)(4)(5) substituted (1.11.1998) by 1998 c. 38, s. 140, Sch. 16 para. 45(2) (with ss. 139(2), 143(2)); S.I. 1998/2244, art. 5

F217 Words in s. 93(2) substituted (1.11.1998) by 1998 c. 38, s. 140, Sch. 16 para. 45(3)(a) (with ss. 139(2), 143(2)); S.I. 1998/2244, art. 5

F218 Words substituted by Housing Act 1988 (c. 50, SIF 61), s. 59(2)(3)(4), Sch. 6 Pt. III para. 35(1)

F219 Word in s. 93(2) substituted (1.11.1998) by 1998 c. 38, s. 140, Sch. 16 para. 45(3)(b) (with ss. 139(2), 143(2)); S.I. 1998/2244, art. 5

F220 S. 93(2A) inserted by Housing Act 1988 (c. 50, SIF 61), s. 59(2)(3)(4), Sch. 6 Pt. III para. 35(2)

F221 Words in s. 93(2A)(a) repealed (1.11.1998) by 1998 c. 38, ss. 140, 152, Sch. 16 para. 45(4)(a), Sch. 18 Pt. VI (with ss. 137(1), 139(2), 141(1), 143(2)); S.I. 1998/2244, art. 5

F222 S. 93(2A)(b) and the word preceding it repealed (1.11.1998) by 1998 c. 38, ss. 140, 152, Sch. 16 para. 45(4)(b), Sch. 18 Pt. VI (with ss. 137(1), 139(2), 141(1), 143(2)); S.I. 1998/2244, art. 5

F223 “2A” substituted by Housing Act 1988 (c. 50, SIF 61), s. 59(2)(3)(4), Sch. 6 Pt. III para. 35(3)

Marginal Citations

M17 1964 c. 56.

M18 1974 c. 44.

94 Treasury guarantees of borrowing. E+W+S

(1) The Treasury may guarantee, in such manner and on such conditions as they think fit, the repayment of the principal of and the payment of interest on and the discharge of any other financial obligation in connection with sums which the [F224 Housing Corporation] borrows from a person other than the Secretary of State.

(2) Immediately after a guarantee is given the Treasury shall lay a statement of the guarantee before each House of Parliament.

(3) Any sums required by the Treasury for fulfilling the guarantee shall be charged on and issued out of the Consolidated Fund.

(4) If any sums are so issued, the [F224 Housing Corporation] shall make to the Treasury, at such times and in such manner as the Treasury may from time to time direct—

(a) payments of such amounts as the Treasury so direct in or towards repayment of the sums so issued, and

(b) payments of interest, at such rate as the Treasury so direct, on what is outstanding for the time being in respect of sums so issued.

(5) Sums received by the Treasury in pursuance of subsection (4) shall be paid into the Consolidated Fund.

(6) Where a sum is issued for fulfilling a guarantee given under this section, the Treasury shall, as soon as possible after the end of each financial year, beginning with that in which the sum is issued and ending with that in which all liability in respect of the principal of the sum and in respect of interest on it is finally discharged, lay before each House of Parliament a statement relating to the sum.

Textual Amendments

F224 Words in s. 94(1)(4) substituted (1.11.1998) by 1998 c. 38, s. 140, Sch. 16 para. 46 (with ss. 139(2), 143(2)); S.I. 1998/2244, art. 5

95 Grants to the [F225 Housing Corporation]. E+W+S

(1) The Secretary of State may make such grants to the [F225 Housing Corporation] as appear to him to be required to enable the [F225 Housing Corporation] to meet the expenses incurred by it in the exercise of its functions.

(2) A grant may be made subject to such conditions as the Secretary of State may determine.

(3) The Secretary of State may act under this section only with the consent of the Treasury.

Textual Amendments

F225 Words in s. 95(1) and sidenote substituted (1.11.1998) by 1998 c. 38, s. 140, Sch. 16 para. 47 (with ss. 139(2), 143(2)); S.I. 1998/2244, art. 5

96 General financial provisions. E+W+S

(1) The [F226 Housing Corporation] may turn its resources to account so far as they are not required for the exercise of its functions.

(2) If for an accounting year the revenues of the [F226 Housing Corporation] exceed the total sums properly chargeable to revenue account, the [F226 Housing Corporation]shall apply the excess in such manner as the Secretary of State may, after consultation with the [F226 Housing Corporation], direct; and the Secretary of State may direct that the whole or part of the excess be paid to him.

(3) The Secretary of State may give directions to the [F226 Housing Corporation] as to matters relating to—

(a) the establishment or management of reserves,

(b) the carrying of sums to the credit of reserves, or

(c) the application of reserves for the purposes of the [F227 Housing Corporation’s]functions.

(4) The Secretary of State may, after consultation with the [F226 Housing Corporation], direct the [F226 Housing Corporation] to pay to him the whole or part of any sums for the time being standing to the credit of reserves of the [F226 Housing Corporation] or being of a capital nature and not required for the exercise of the [F227 Housing Corporation’s] functions.

(5) The Secretary of State may act under this section only with the approval of the Treasury.

Textual Amendments

F226 Words in s. 96(1)-(4) substituted (1.11.1998) by 1998 c. 38, s. 140, Sch. 16 para.48(2) (with ss. 139(2), 143(2)); S.I. 1998/2244, art. 5

F227 Words in s. 96(3)(4) substituted (1.11.1998) by 1998 c. 38, s. 140, Sch. 16 para. 48(3) (with ss. 139(2), 143(2)); S.I. 1998/2244, art. 5

97 Accounts and audit. E+W+S

(1) The [F228 Housing Corporation]shall keep proper accounts and proper records in relation to the accounts and shall prepare in respect of each financial year annual accounts in such form as the Secretary of State may, with the approval of the Treasury, direct.

(2) The accounts of the [F228 Housing Corporation] for each financial year [F229 ending on or before 31st March 2003] shall be audited by a qualified accountant appointed for the purpose by the Secretary of State.

[F230 (2A) The Housing Corporation shall send a copy of the accounts prepared under subsection (1) in respect of each financial year ending on or after 31st March 2004 to the Comptroller and Auditor General as soon as reasonably practicable after the end of the financial year to which the accounts relate.

(2B) The Comptroller and Auditor General shall examine and certify the accounts sent to him by the Housing Corporation under subsection (2A) and shall lay before each House of Parliament a copy of the accounts and his report on them.]

(3) As soon as the annual accounts of the [F228 Housing Corporation] for a financial year have been audited [F231 under subsection (2) or (2A)] , the [F228 Housing Corporation]shall send to the Secretary of State a copy of the accounts prepared by it for the year in accordance with this section, together with a copy of any report made on them by the auditor.

(4) The Secretary of State shall prepare in respect of each financial year, in such form and manner as the Treasury may direct, an account of—

(a) the sums issued to him and lent to the [F228 Housing Corporation], and

(b) sums received by him from the [F228 Housing Corporation] and paid into the National Loans Fund in respect of the principal and interest on sums so lent, or on sums advanced to the [Housing Corporation] under section 9 of the M19 Housing Act 1964,

and shall transmit the accounts so prepared by him to the Comptroller and Auditor General on or before 30th November in the following financial year.

(5) The Comptroller and Auditor General shall examine and certify the accounts prepared by the Secretary of State and lay before each House of Parliament copies of the accounts together with his report on them.

F232 [(6) In this section “qualified accountant” means a person who is eligible for appointment as a company auditor under section 25 of the Companies Act 1989.]

Textual Amendments

F228 Words in s. 97(1)-(4) substituted (1.11.1998) by 1998 c. 38, s. 140, Sch. 16 para. 49 (with ss. 139(2), 143(2)); S.I. 1998/2244, art. 5

F229 Words in s. 97(2) inserted (23.5.2003) by The Government Resources and Accounts Act 2000 (Audit of Public Bodies) Order 2003 (S.I. 2003/1326), arts. 1, 16(2)

F230 S. 97(2A)(2B) inserted (23.5.2003) by The Government Resources and Accounts Act 2000 (Audit of Public Bodies) Order 2003 (S.I. 2003/1326), arts. 1, 16(3)

F231 Words in s. 97(3) inserted (23.5.2003) by The Government Resources and Accounts Act 2000 (Audit of Public Bodies) Order 2003 (S.I. 2003/1326), arts. 1, 16(4)

F232 S. 97(6) substituted (01.10.1991) by S.I. 1991/1997, reg. 2, Sch. para. 59(2) (with reg. 4).

Modifications etc. (not altering text)

C16 S. 97(1)-(3) modified (1.11.1998) by 1998 c. 38, s. 142(2) (with ss. 139(2), 143(2)); S.I. 1998/2244, art. 5

C17 S. 97(4) applied (with modifications) (1.11.1998) by 1998 c. 38, s. 142(5) (with ss. 139(2), 143(2)); S.I. 1998/2244, art. 5

Marginal Citations

M19 1964 c. 56.

Acquisition of securities and control of subsidiaries E+W+S

98 Acquisition of securities and promotion of body corporate. E+W+S

(1) The [F233 Housing Corporation] may with the consent of the Secretary of State—

(a) subscribe for or acquire securities of a body corporate, and

(b) promote or participate in the promotion of a body corporate.

(2) In the section “securities” means shares, stock, debenture stock and other securities of a like nature.

Textual Amendments

F233 Words in s. 98(1) substituted (1.11.1998) by 1998 c. 38, s. 140, Sch. 16 para. 50 (with ss. 139(2), 143(2)); S.I. 1998/2244, art. 5

99 Control of subsidiaries. E+W+S

(1) The [F234 Housing Corporation] shall exercise its control over its subsidiaries so as to secure that no subsidiary—

(a) engages in an activity which the [F234 Housing Corporation] is not empowered to carry on, or

(b) engages in an activity in a manner in which the [F234 Housing Corporation] itself could not engage by reason of a direction given to it under section 76 (directions by Secretary of State).

(2) The [F234 Housing Corporation] shall also exercise its control over its subsidiaries so as to secure that no subsidiary of its—

(a) borrows money from a person other than the [F234 Housing Corporation], or

(b) raises money by the issue of shares or stock to a person other than the [F234 Housing Corporation],

without the consent of the Secretary of State.

Textual Amendments

F234 Words in s. 99(1)(2) substituted (1.11.1998) by 1998 c. 38, s. 140, Sch. 16 para. 51 (with ss. 139(2), 143(2)); S.I. 1998/2244, art. 5

Supplementary provisions E+W+S

[F235 100 Scottish Special Housing Association may act as agents for [F236 Relevant Authority]in Scotland. E+W+S

The [F236 Relevant Authority] may, on such terms and conditions as may be agreed between it and the Scottish Special Housing Association, authorise the Association to act in Scotland as the agents of the [F236 Relevant Authority] for the purpose of carrying out any of the functions vested in the [F236 Relevant Authority] under—

(a) section 77 (advisory service),

(b) sections 88 and 89 (powers with respect to land and works), or

(c) paragraph 5 of Schedule 7 (schemes for provision of housing accommodation in place of a housing association).]

Textual Amendments

F235 S. 100 repealed (S.) by Housing (Scotland) Act 1986 (c. 65, SIF 61), s. 25(2),Sch. 3

F236 Words in Pt. III (ss. 74-102) substituted (1.11.1998) by 1998 c. 38, s. 140, Sch. 16 para. 28(a) (with ss. 139(2), 143(2)); S.I. 1998/2244, art. 5

101 Minor definitions. E+W+S

In this Part—

• [F237 “building society” means a building society within the meaning of the Building Societies Act 1986;]

• “financial year” means the period of 12 months ending with the 31st March;

• “highway”, in relation to Scotland, includes a public right of way;

• “subsidiary” has [F238 the meaning given by section 736 of] the Companies Act.

Textual Amendments

F237 Definition substituted by Building Societies Act 1986 (c. 53, SIF 16), ss. 54(3)(a)(5), 120(1), Sch. 18 Pt. I para. 19(4)

F238 Words substituted by Companies Act 1989 (c. 40, SIF 27), ss. 144(4), Sch. 18 para. 41

102 Index of defined expressions: Part III. E+W+S

The following Table shows provisions defining or explaining expressions used in this Part (other than provisions defining or explaining an expression in the same section or paragraph):—

building society	section 101
the Companies Act	section 106
dwelling	section 106
financial year	section 101
heritable security	section 106
highway (in relation to Scotland)	section 101
hostel	section 106
housing association	section 1(1)
local authority	section 106
local housing authority	section 104
new town corporation	section 106
recognised body	section 85(2)
registered (in relation to a housing association)	section 3(2)
relevant advance	section 85(4)
self-build society	section 1(3)
subsidiary	section 101
unregistered (in relation to a housing association)	section 3(2)
urban development corporation	section 106

102 Index of defined expressions: Part III. S

The following Table shows provisions defining or explaining expressions used in this Part (other than provisions defining or explaining an expression in the same section or paragraph):—

building society	section 101
the Companies Act	section 106
dwelling	section 106
financial year	section 101
heritable security	section 106
highway (in relation to Scotland)	section 101
hostel	section 106
housing association	section 1(1)
local authority	section 106
local housing authority	section 104
new town corporation	section 106
recognised body	section 85(2)
registered (in relation to a housing association)	section 3(2)
relevant advance	section 85(4)
self-build society	section 1(3)
subsidiary	section 101
unregistered (in relation to a housing association)	section 3(2)
urban development corporation	section 106

Extent Information

E8 This version of this provision extends to Scotland only; a separate version has been created for England and Wales only

Part IV E+W+S General Provisions

General provisions E+W+S

103 Application to Isles of Scilly. E+W+S

(1) This Act applies to the Isles of Scilly subject to such exceptions, adaptations and modifications as the Secretary of State may by order direct.

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

104 Local housing authorities. E+W+S

(1) In this Act “local housing authority”—

(a) in relation to England and Wales, has the meaning given by section 1 of the M20 Housing Act 1985, and

(b) in relation to Scotland, means [F239 a council constituted under section 2 of the Local Government etc. (Scotland) Act 1994].

(2) References in this Act to the district of a local housing authority—

(a) in England and Wales shall be construed in accordance with section 2 of the Housing Act 1985, and

(b) in Scotland are to the [F240 area of a council mentioned in subsection (1)(b) above].

Textual Amendments

F239 Words in s. 104(1)(b) substituted (S.) (1.4.1996) by 1994 c. 39, s. 180(1), Sch. 13 para. 143(3)(a); S.I. 1996/323, art. 4(1)(b)(c)

F240 Words in s. 104(2)(b) substituted (S.) (1.4.1996) by 1994 c. 39, s. 180(1), Sch. 13 para. 143(3)(b); S.I. 1996/323, art. 4(1)(b)(c)

Marginal Citations

M20 1985 c. 68.

105 Members of a persons family E+W+S

[F241 (1) A person is a member of another's family if—

(a) he is the spouse [F242 or civil partner] of that person, or he and that person live together as husband and wife, [F243 or in a relationship which has the characteristics of the relationship between civil partners] or

(b) he is that person's parent, grandparent, child, grand- child, brother, sister, uncle, aunt, nephew or niece.

(2) For the purposes of subsection (1)(b)—

(a) a relationship by marriage [F244 or civil partnership] shall be treated as a relation- ship by blood,

(b) a relationship of the half-blood shall be treated as a relationship of the whole blood,

(c) the stepchild of a person shall be treated as his child, and

(d) an illegitimate child shall be treated as the legitimate child of his mother and reputed father.]

Textual Amendments

F241 S. 105 repealed (E.W.) (1.10.1996) by S.I. 1996/2325, art. 4(1), Sch. 1 Pt. I (with savings in art. 4(2)(3))

F242 Words in s. 105(1)(a) inserted (S.) (5.12.2005) by Civil Partnership Act 2004 (c. 33), s. 263(10)(c), Sch. 28 para. 52(2)(a); S.S.I. 2005/604, arts. 2(c), 4

F243 Words in s. 105(1)(a) inserted (S.) (5.12.2005) by Civil Partnership Act 2004 (c. 33), s. 263(10)(c), Sch. 28 para. 52(2)(b); S.S.I. 2005/604, arts. 2(c), 4

F244 Words in s. 105(2)(a) inserted (S.) (5.12.2005) by Civil Partnership Act 2004 (c. 33), s. 263(10)(c), Sch. 28 para. 52(3); S.S.I. 2005/604, arts. 2(c), 4

106 Minor definitions — general. E+W+S

(1) In the application of this Act in England and Wales—

• [F245 “bank” means—

[F246 (a) an institution authorised under the Banking Act 1987, or]

(b) a company as to which the Secretary of State was satisfied immediately before the repeal of the M21 Protection of Depositors Act 1963 that it ought to be treated as a banking company or discount company for the purposes of that Act;]

• [F245 “the Companies Act” means the M22 Companies Act 1985;]

• “dwelling” means a building or part of a building occupied or intended to be occupied as a separate dwelling, together with any yard, garden, outhouses and appurtenances belonging to it or usually enjoyed with it;

• [F245 “friendly society” means a friendly society or branch of a friendly society registered under the M23 Friendly Societies Act 1974 or earlier legislation;]

• “hostel” means a building in which is provided for persons generally or for a class or classes of persons—

(a) residential accommodation otherwise than in separate and self-contained sets of premises, and

(b) either board or facilities for the preparation of food adequate to the needs of those persons, or both;

• “house” includes—

(a) any part of a building which is occupied or intended to be occupied as a separate dwelling;

(b) any yard, garden, outhouses and appurtenances belonging to the house or usually enjoyed with it;

• [F247 [F248 “housing activities”, in relation to a registered housing association, means all its activities in pursuance of such of its purposes, objects or powers as are of a description mentioned in section 1(1)(a) or subsections (2) to (4) of section 4.]]

• [F245 “insurance company” means an insurance company to which Part II of the M24 Insurance Companies Act 1982 applies;]

• “local authority” means a county, [F249 county borough,]district, or London borough council, the Common Council of the City of London or the Council of the Isles of Scilly and in [F250 section 84(5)]includes . . . F251 a joint authority established by Part IV of the M25 Local Government Act 1985 [F252 and the London Fire and Emergency Planning Authority][F253 and in section 85(4) includes such a joint authority [F252 the London Fire and Planning Authority] and a police authority established under [F254 section 3 of the M26 Police Act 1996][F255 and the Metropolitan Police Authority]];

• “new town corporation” means the Commission for the New Towns or a development corporation within the meaning of the M27 New Towns Act 1981;

• “shared ownership lease” means a lease—

(a) granted on payment of a premium calculated by reference to a percentage of the value of the house or dwelling or of the cost of providing it, or

(b) under which the tenant (or his personal representatives) will or may be entitled to a sum calculated by reference directly or indirectly to the value of the house or dwelling;

• [F245 “trustee savings bank” means a trustee savings bank registered under the M28 Trustee Savings Bank Act 1981 or earlier legislation;]

• “urban development corporation” means an urban development corporation established under Part XVI of the M29 Local Government, Planning and Land Act 1980.

(2) In the application of this Act in Scotland—

• [F256 “bank” has the same meaning as in subsection (1);]

• “charge” includes a heritable security;

• [F256 “the Companies Act” has the same meaning as in subsection (1);]

• “dwelling” means a house;

• [F256 “friendly society” has the same meaning as in subsection (1);]

• [F257 “heritable security” means any security capable of being constituted over any [F258 land, or real right in land, by disposition of the land, or assignation of the real right,] in security of any debt and of being recorded in the Register of Sasines or, as the case may be, registered in the Land Register of Scotland and which includes a security constituted by an ex facie absolute disposition or assignation or by a standard security;]

• “hostel” means—

(a) in relation to a building provided or converted before 3rd January 1962, a building in which is provided, for persons generally or for any class or classes of persons, residential accommodation (otherwise than in separate and self-contained dwellings) and board, and

(b) in relation to a building provided or converted on or after that date, a building in which is provided for persons generally or for any class or classes of persons, residential accommodation (otherwise than in houses) and either board or common facilities for the preparation of adequate food to the needs of those persons, or both;

• “house” includes—

(a) any part of a building, being a part which is occupied or intended to be occupied as a separate dwelling, and in particular includes a flat, and

(b) includes also any yard, garden, outhouses and pertinents belonging to the house or usually enjoyed with it;

• [F259 “housing activities” has the same meaning as in subsection (1);]

• [F256 “insurance company” has the same meaning as in subsection (1);]

• “local authority” means [F260 a council constituted under section 2 of the Local Government etc. (Scotland) Act 1994];

• “mortgage” means a heritable security and “mortgagee” means a creditor in such a security;

• “new town corporation” means a development corporation within the meaning of the M30 New Towns (Scotland) Act 1968;

• [F261 “shared ownership lease” has the same meaning as in subsection (1);]

• [F261 [F262 “shared ownership agreement” means an agreement whereby—

(a) a pro indiviso right in a dwelling is sold to a person and the remaining pro indiviso rights therein are leased to him subject to his being entitled, from time to time, to purchase those remaining rights until he has purchased the entire dwelling; or

(b) pro indiviso rights in dwellings are conveyed to trustees to hold on behalf of persons each of whom, by purchasing a share in those dwellings, becomes entitled to exclusive occupancy of one of the dwellings but with any such person who wishes to sell or otherwise dispose of his share being required to do so through the agency of the trustees,

or such other agreement as may be approved whereby a person acquires a pro indiviso right in a dwelling or dwellings and thereby becomes entitled to exclusive occupancy of the dwelling or, as the case may be, one of the dwellings;]]

[F256 “trustee savings bank” has the same meaning as in subsection (1).]

[F263 (3) In the definition of “shared ownership agreement” in subsection (2) above, “approved” means approved by the Secretary of State after consultation with [F264 Scottish Homes].]

Textual Amendments

F245 S. 106(1): definitions repealed (E.W.) (1.10.1996) by S.I. 1996/2325, art. 4(1), Sch. 1 Pt. I (with art. 4(2)(3))

F246 Words substituted by Banking Act 1987 (c. 22, SIF 10), s. 108(1), Sch. 6 para. 22

F247 S. 106(1): definition of “housing activities”repealed (E.W.) (1.10.1996) by S.I. 1996/2325, art. 4(1), Sch. 1 Pt. I (with art. 4(2)-(4))

F248 Definition substituted by Housing Act 1988 (c. 50, SIF 61), s. 59(2)(3)(4), Sch. 6 Pt. III para. 36

F249 S. 106(1): words in definition of “local authority”inserted (1.4.1996) by 1994 c. 19, s. 22(2), Sch. 8 para. 6(2) (with ss. 54(4)(7), 55(5), Sch. 17 paras. 22(1), 23(2)); S.I. 1996/396, art. 3, Sch. 1

F250 S. 106(1): words in definition of “local authority”substituted (1.10.1994 for specified purposes, 1.4.1995 otherwise) by 1994 c. 29, s. 43, Sch. 4 Pt. II para. 59(a); S.I. 1994/2025, art. 6(2)(e); S.I. 1994/3262, art. 4(1), Sch.

F251 Words repealed by Education Reform Act 1988 (c. 40, SIF 41:1), ss. 231(7), 235(6), 237(2), Sch. 13 Pt. I

F252 S. 106(1): words in definition of “local authority”inserted (3.7.2000) by 1999 c. 29, s. 328(8), Sch. 29 Pt. I para. 43 (with Sch. 12 para. 9(1)); S.I. 2000/1094, art. 4(h)

F253 S. 106(1): words in definition of “local authority”added (1.10.1994 for specified purposes, 1.4.1995 otherwise) by 1994 c. 29, s. 43, Sch. 4 Pt. II para. 59(b); S.I. 1994/2025, art. 6(2)(e); S.I. 1994/3262, art. 4(1), Sch.

F254 S. 106(1): words in definition of “local authority”substituted (22.8.1996) by 1996 c. 16, ss. 103, 104(1), Sch. 7 Pt. I para. 1(2)(w)

F255 Words in s. 106(1) in the definition of “local authority”substituted (1.4.2002) by 2001 c. 16, s. 128, Sch. 6 Pt. III para. 68; S.I. 2002/344, art. 3(k) (with transitional provisions in art. 4)

F256 S. 106(1): definitions repealed (E.W.) (1.10.1996) by S.I. 1996/2325, art. 4(1), Sch. 1 Pt. II (with art. 4(2)(3))

F257 Definition repealed (S.) by Housing (Scotland) Act 1986 (c. 65, SIF 61), s. 25(2), Sch. 3

F258 Words in s. 106(2) substituted (S.) (28.11.2004) by Abolition of Feudal Tenure etc. (Scotland) Act 2000 (asp 5), ss. 71, 77(2), sch. 12 para. 47 (with ss. 58, 62, 75); S.S.I. 2003/456, art. 2

F259 S. 106(1): definition of “housing activities”repealed (E.W.) (1.10.1996) by S.I. 1996/2325, art. 4(1), Sch. 1 Pt. II (with art. 4(2)-(4))

F260 S. 106(2): words in definition of “local authority”substituted (S.) (1.4.1996) by 1994 c. 39, s. 180(1), Sch. 13 para. 143(4); S.I. 1996/323, art. 4(1)(b)(c)

F261 Definition beginning “shared ownership agreement” substituted (S.) for definition beginning “shared ownership lease” by virtue of Housing (Scotland) Act 1986 (c. 65, SIF 61), s. 13(2) and Housing (Scotland) Act 1988 (c. 43, SIF 61), s. 72(2), Sch. 9 para. 9

F262 Words in s. 106(2) repealed (S.) (1.11.2001) by 2001 asp 10, s. 112, Sch. 10 para. 11(4), S.S.I. 2001/336, art. 2, Sch. Pt. II (subject to transitional provisions and savings in art. 3)

F263 S. 106(3) repealed (S.) (1.11.2001) by 2001 asp. 10, s. 112, Sch. 10 para. 11(4), S.S.I. 2001/336, art. 2, Sch. Pt. II (subject to transitional provisions and savings in art. 3)

F264 Words in s. 106(3) substituted (S.) (1.10.1996) by S.I. 1996/2325, art. 5(1), Sch. 2 para. 15(35)

Modifications etc. (not altering text)

C18 S. 106(1) amended (1.1.1993) by S.I. 1992/3218, reg. 82(1), Sch. 10 Pt. I para. 20.

S. 106(1) amended (1.7.1994) by S.I. 1994/1696, reg. 68(1), Sch. 8 Pt. I para. 11

Marginal Citations

M21 1963 c. 16.

M22 1985 c. 6.

M23 1974 c. 46.

M24 1982 c. 50.

M25 1985 c. 51.

M26 1964 c. 48.

M27 1981 c. 64.

M28 1981 c. 65.

M29 1980 c. 65.

M30 1968 c. 16.

Final provisions E+W+S

107 Short title, commencement and extent. E+W+S

(1) This Act may be cited as the Housing Associations Act 1985.

(2) This Act comes into force on 1st April 1986.

(3) The following provisions of this Act apply to England and Wales only—

• section 2,

• . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F265

• section 8(2) and (3),

• sections 11 and 12,

• section [F266 17(4)],

• section 18,

• section 20,

• section 31,

• sections 34 to 36,

• section 38,

• . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F267

• . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F267

• section 58,

• section 67,

• section 69(3),

• section 81,

• sections 84 and 85,

• section 103,

• [F268 section 105,]

• Schedules 2 and 3,

• In Schedule 4, Part I,

• In Schedule 5, Part I, paragraphs 1 and 2 of Part III and paragraph 1 of Part V.

(4) The following provisions of this Act apply to Scotland only—

• [F269 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F270

• section 15A]

• section 59,

• section 66,

• section 68,

• section 69(4),

• section 86,

• In Schedule 4, Part III,

• In Schedule 5, Part II, paragraphs 3 and 4 of Part III, Part IV and Part VII.

(5) This Act does not extend to Northern Ireland.

Textual Amendments

F265 Entry repealed by Housing Act 1988 (c. 50, SIF 61), s. 140(1), Sch. 18

F266 “17(4)” repealed (S.) by Housing (Scotland) Act 1986 (c. 65, SIF 61), s. 25(2), Sch. 3

F267 Entry repealed by Housing Act 1988 (c.50, SIF 61), s. 140(2), Sch. 18

F268 Words repealed (S.) by Housing (Scotland) Act 1986 (c. 65, SIF 61), s. 25(2), Sch. 3

F269 Words inserted (S.) by Housing (Scotland) Act 1986 (c. 65, SIF 61), s. 25(1), Sch. 2 para. 4(8)(b)

F270 Words repealed by Housing Act 1988 (c. 50, SIF 61), s. 140(2), Sch. 18

SCHEDULES

Sections 6, 9.

SCHEDULE 1 E+W+S Grant-Aided Land

Definition of “grant-aided land” E+W+S

1 E+W+S For the purposes of [F271 section 9(1A)] (control F272 . . . of dispositions of land by unregistered housing associations) “grant-aided land” means land—

(a) in respect of which a payment of a description specified in paragraph 2 falls or fell to be made in respect of a period ending after 24th January 1974, or

(b) on which is, or has been, secured a loan of a description specified in paragraph 3 in respect of which a repayment (by way of principal or interest or both) falls or fell to be made after 24th January 1974.

Textual Amendments

F271 Words in Sch. 1 para. 1 substituted (1.10.1996) by S.I. 1996/2325, art. 5(1), Sch. 2 para. 15(35)

F272 Words in Sch. 1 para. 1 repealed (1.11.1998) by 1998 c. 38, s. 152, Sch. 18 Pt. VI; S.I. 1998/2244, art. 5

Payments E+W+S

2 E+W+S The payments referred to in paragraph 1(a) are—

(a) payments by way of annual grants or exchequer contributions under—

• section 31(3) of the M31 Housing Act 1949,

• section 19(3) of the M32 Housing (Scotland) Act 1949, or

• section 121(3) of the M33 Housing (Scotland) Act 1950

(arrangements by local authorities for improvement of housing accommodation);

(b) payments by way of annual grants or exchequer contributions under—

• section 12(1) or 15 of the M34 Housing (Financial Provisions) Act 1958,

• section 89(1) of the Housing (Scotland) Act 1950,

• section 12 of the M35 Housing (Scotland) Act 1962, or

• section 21 of the M36 Housing (Financial Provisions) (Scotland) Act 1968

(contributions for dwellings improved under arrangements with local authorities or grants for hostels);

(c) payments by way of annual grant or exchequer contributions under—

• section 12(6) of the M37 Housing Subsidies Act 1967,

• section 121 of the Housing (Scotland) Act 1950,

• section 62 of the M38 Housing Act 1964, or

• section 17 of the Housing (Financial Provisions) (Scotland) Act 1968

(subsidies for conversions or improvements by housing associations);

(d) payments by way of annual grant under—

section 21(8) of the M39 Housing Act 1969 (contributions for dwellings provided or improved by housing associations under arrangements with local authorities);

(e) payments by way of subsidy under—

• section 72, 73, 75 or 92 of the M40 Housing Finance Act 1972,

• section 52, 53, 55 or 57 of the M41 Housing (Financial Provisions) (Scotland) Act 1972, or

• Parts I, II, VI and VII of Schedule 5 to this Act (basic or special residual subsidy, new building or improvement subsidy, hostel subsidy).

Marginal Citations

M31 1949 c. 60.

M32 1949 c. 61.

M33 1950 c. 34.

M34 1958 c. 42.

M35 1962 c. 28.

M36 1968 c. 31.

M37 1967 c. 29.

M38 1964 c. 56.

M39 1969 c. 33.

M40 1972 c. 47.

M41 1972 c. 46.

Loans E+W+S

3 E+W+S The loans referred to in paragraph 1(b) are—

(a) loans under—

• section 119 of the M42 Housing Act 1957,

• section 152 of the M43 Housing (Scotland) Act 1966,

• section 58 of this Act, or

• section 59 of this Act

(powers of certain local authorities to promote and assist housing associations);

(b) loans to housing associations under—

• section 47 of the M44 Housing (Financial Provisions) Act 1958,

• section 78 of the M45 Housing (Scotland) Act 1950,

• section 24 of the M46 Housing (Financial Provisions) (Scotland) Act 1968,

• section 67 of this Act, or

• section 68 of this Act

(loans by Public Works Loan Commissioners to certain bodies);

(c) advances made under—

• section 7 of the M47 Housing Act 1961,

• section 11 of the M48 Housing (Scotland) Act 1962, or

• section 23 of the Housing (Financial Provisions) (Scotland) Act 1968

(advances to housing associations providing housing accommodation for letting);

(d) loans under—

section 2 of the M49 Housing Act 1964

(loans by Housing Corporation to housing associations).

Marginal Citations

M42 1957 c. 56.

M43 1966 c. 49.

M44 1958 c. 42.

M45 1950 c. 34.

M46 1968 c. 31.

M47 1961 c. 65.

M48 1962 c. 28.

M49 1964 c. 56.

F273 SCHEDULE 2 E+W

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F273 Sch. 2 repealed (1.10.1996) by 1996 c. 52, s. 227, Sch. 19 Pt. I; S.I. 1996/2402, art. 3 (subject to transitional provisions and savings in Sch.)

F278 SCHEDULE 3 E+W

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F278 Sch. 3 repealed (E.W.) (1.10.1996) by 1996 c. 52, s. 227, Sch. 19 Pt. I; S.I. 1996/2402, art. 3 (with transitional provisions and savings in Sch.); and repealed (S.) (1.10.1996) by virtue of S.I. 1996/2325, art. 4(1), Sch. 1 Pt. II (with art. 4(2)(3))

Sections 69, 70.

SCHEDULE 4 E+W+S Housing Associations: Continuation of Arrangements Under Repealed Enactments

Part I E+W+S Arrangements with Local Authorities for Provision or Improvement of Housing

(ss. 120 and 121 of the Housing Act 1957) E+W+S

1 E+W+S Arrangements between a local authority and a housing association under section 120 of the M58 Housing Act 1957 (arrangements for provision of housing) which were made before 10th August 1972 and are in force immediately before the commencement of this Act remain in force under this paragraph.

Marginal Citations

M58 1957 c. 56.

2 E+W+S Arrangements between a local authority and a housing association under section 121 of the Housing Act 1957 (arrangements for improvement or conversion of housing) which were made before 1st April 1975 and are in force immediately before the commencement of this Act remain in force under this paragraph.

Part II E+W+S Subsidy Agreements with Local Authorities

(s. 79 of the Housing Finance Act 1972 and s. 59 of the Housing (Financial Provisions) (Scotland) Act 1972) E+W+S

1 E+W+S In this Part “subsidy agreement” means an agreement made between a local authority and a housing association which provides for payments to be made under or by reference to any of the following enactments—

• section 2 of the M59 Housing (Financial Provisions) Act 1924,

• section 29(1) of the M60 Housing Act 1930,

• section 27(3) of the M61 Housing Act 1935,

• section 26 of the M62 Housing (Scotland) Act 1935,

• section 94(3) of the M63 Housing Act 1936,

• section 87(1) of the M64 Housing (Scotland) Act 1950,

• section 1(2)(b) of the M65 Housing Subsidies Act 1956,

• section 2, 3 or 4 of the M66 Housing and Town Development (Scotland) Act 1957,

• section 1(2)(b) of the M67 Housing (Financial Provisions) Act 1958,

• section 1(2) of the M68 Housing Act 1961,

• section 2, 4, 5, 6 or 7 of the M69 Housing (Scotland) Act 1962,

• section 1(5) or 9(4) of the M70 Housing Subsidies Act 1967,

• section 2, 4, 6, 7, 9 or 10 of the M71 Housing (Financial Provisions) (Scotland) Act 1968,

• (being enactments with respect to which it was provided by the M72 Housing Finance Act 1972 or the M73 Housing (Financial Provisions) (Scotland) Act 1972 that no further payments were to be made for 1972-73 or any subsequent year).

Marginal Citations

M59 1924 c. 35.

M60 1930 c. 39.

M61 1935 c. 40.

M62 1935 c. 41.

M63 1936 c. 51.

M64 1950 c. 34.

M65 1956 c. 33.

M66 1957 c. 38.

M67 1958 c. 42.

M68 1961 c. 65.

M69 1962 c. 28.

M70 1967 c. 29.

M71 1968 c. 31.

M72 1972 c. 47.

M73 1972 c. 46.

2 E+W+S Where a subsidy agreement provides for the payment of greater amounts than those which the authority would have been obliged to pay under the relevant enactment, the authority shall continue to pay to the housing association sums equal to the difference between the amounts for the payment of which the agreement provides and the amounts which they would have been obliged to pay by that enactment.

Part III E+W+S Special Arrangements with the Secretary of State in Scotland

(s.1(1)(d) of the Housing (Scotland) Act 1962; s.1(2)(d) of the Housing (Financial Provisions) (Scotland) Act 1968) E+W+S

Arrangements made between the Secretary of State and a housing association under section 1(1)(d) of the Housing (Scotland) Act 1962 or section 1(2)(d) of the Housing (Financial Provisions) (Scotland) Act 1968 (special arrangements for provision of housing) which were made before 3rd August 1972 and are in force immediately before the commencement of this Act remain in force under this paragraph.

Sections 69, 71.

SCHEDULE 5 E+W+S Housing Association Finance: Superseded Subsidies, Contributions and Grants

Part I E+W+S Residual Subsidies: England and Wales

Modifications etc. (not altering text)

C19 Sch. 5 Pt. I modified by Housing Act 1988 (c. 50, SIF 61), 57(c)

(ss. 72 and 73 of the Housing Finance Act 1972) Entitlement to residual subsidies E+W+S

1 (1) Basic residual subsidy is payable to a housing association in accordance with the following provisions where the association received payments from the Secretary of State for the financial year 1971-72 under certain enactments under which, in accordance with the M74 Housing Finance Act 1972, no payments were to be made for 1972-73 or any subsequent year. E+W+S

(2) A housing association is entitled to basic residual subsidy for a financial year if—

(a) it was entitled to basic residual subsidy under section 72 of the Housing Finance Act 1972 for the financial year 1972-73, and

(b) it has continued to be entitled to basic residual subsidy, under that section or this Schedule, for each succeeding financial year up to and including that immediately before the year in question.

(3) The amount of basic residual subsidy payable to an association for any year is the amount (if any) by which the basic residual subsidy payable for the previous year exceeds the withdrawal factor.

(4) Subject to any direction of the Secretary of State under paragraph 4(2), the withdrawal factor is the sum produced by multiplying £20 by the number of dwellings as at 31st March 1972 in respect of which the association’s subsidies for 1971-72 (as defined in section 72(4) of the Housing Finance Act 1972) were payable.

Marginal Citations

M74 1972 c. 47.

2 (1) Special residual subsidy is payable to a housing association in accordance with the following provisions in respect of dwellings which— E+W+S

(a) were approved by the Secretary of State for the purposes of Part I of the M75 Housing Subsidies Act 1967 before 10th August 1972, and

(b) were completed during the year 1972-73, 1973-74 or 1974-75.

(2) A housing association is entitled to special residual subsidy for a financial year if—

(a) it was entitled by virtue of section 73 of the Housing Finance Act 1972 to special residual subsidy for any of the years 1972-73, 1973-74 or 1974-75, and

(b) it has continued to be entitled to special residual subsidy, under that section or this Schedule, for each succeeding financial year up to and including that immediately before the year in question.

(3) The amount of special residual subsidy payable to an association for any year is the amount (if any) by which the special residual subsidy payable for the previous year exceeds the reduction factor.

(4) Subject to any direction of the Secretary of State under paragraph 4(2), the reduction factor is the sum produced by multiplying £20 by the number of dwellings satisfying the description in sub-paragraph (1).

Marginal Citations

M75 1967 c. 29.

3 E+W+S No basic or special residual subsidy is payable to a co-operative housing association.

Power to vary withdrawal factor or reduction factor E+W+S

4 (1) This paragraph applies where a housing association, by furnishing to the Secretary of State such information as to its financial position as he may require, satisfies him as regards any financial year that its income from its dwellings will be, or was, inadequate having regard to its normal sources of income to meet such expenditure (including loan charges) as in his opinion it would be, or was, reasonable for the association to incur for that financial year in the exercise of its housing functions. E+W+S

(2) Where this paragraph applies, the Secretary of State may direct that the amount of basic residual subsidy or special residual subsidy payable to the association for the financial year in question shall be determined—

(a) by reference to a withdrawal factor or reduction factor calculated by reference to a smaller sum of money per dwelling than that mentioned in paragraph 1(4) or 2(4), or

(b) by reference to a withdrawal factor or reduction factor of zero.

(3) A direction under this paragraph may be varied or revoked by the Secretary of State by a further direction.

(4) In sub-paragraph (1) “housing functions” means—

(a) constructing or improving, or facilitating or encouraging the construction or improvement, of dwellings,

(b) managing dwellings,

(c) the provision of dwellings by conversion, and

(d) the acquisition of dwellings;

and includes functions which are supplementary or incidental to any of those functions.

(5) For the purposes of this paragraph “loan charges”, in relation to money borrowed by an association, means—

(a) the sums required for the payment of interest on the money and for its repayment, either by instalments or by means of a sinking fund, and

(b) the expenses of managing the debt,

and includes any such charges made by the association itself, whether in respect of borrowing from a capital fund kept by the association or in respect of borrowing between accounts kept by the association for different functions, or otherwise.

Administrative provisions E+W+S

5 (1) Payment of basic or special residual subsidy is subject to the making of a claim for the payment in such form, and containing such particulars, as the Secretary of State may from time to time determine. E+W+S

(2) The amount of basic or special residual subsidy payable to a housing association for a financial year shall be calculated to the nearest pound by rounding up any odd amount of 50p or more and rounding down any lesser amount.

(3) Basic or special residual subsidy is payable . . . F281 subject to such conditions as to records, certificates, audit or otherwise as the Secretary of State may, . . . F281 , impose.

Textual Amendments

F281 Words repealed by Housing Act 1988 (c. 50, SIF 61), ss. 59(2)(3)(4), 140(2), Sch. 6 Pt. II para. 30(1)(a), Sch. 18

Powers exercisable in case of disposal of dwellings by association E+W+S

6 (1) The Secretary of State may reduce, suspend or discontinue the payment of basic or special residual subsidy to an association if the association leases for a term exceeding seven years or otherwise disposes of any of the dwellings in respect of which the association is entitled to the payment. E+W+S

(2) If any dwellings of an association are leased for a term exceeding seven years to, or become vested in—

(a) another housing association, or trustees for another housing association, or

(b) the Housing Corporation F282 . . .,

the Secretary of State may pay to them any basic or special residual subsidy which he would otherwise have paid to the former association for any financial year, beginning with that in which the dwellings are so leased or become so vested.

(3) For the purposes of this paragraph a lease shall be treated as being for a term exceeding seven years where the original term is for a lesser period but the lease confers on the lessee an option for renewal for a term which, together with the original term, exceeds seven years.

Textual Amendments

F282 Words in Sch. 5 Pt. I para. 6(2)(b) repealed (1.11.1998) by 1998 c. 38, ss. 140, 152, Sch. 16 para. 52, Sch. 18 Pt. VI; S.I. 1998/2244, art. 5

Saving for financial years beginning before the commencement of this Act E+W+S

7 (1) The preceding provisions apply in relation to the financial year 1986-87 and subsequent financial years. E+W+S

(2) The repeal by the M76 Housing (Consequential Provisions) Act 1985 of the provisions of the M77 Housing Finance Act 1972 relating to basic and special residual subsidies does not affect the operation of those provisions in relation to previous financial years.

Marginal Citations

M76 1985 c. 71.

M77 1972 c. 47.

Part II E+W+S Residual Subsidies: Scotland

Modifications etc. (not altering text)

C20 Sch. 5 Pt. II paras. 1–7 modified by Housing Act 1988 (c. 50, SIF 61), s. 57(c)

(ss. 52 and 53 of the Housing (Financial Provisions) (Scotland) Act 1972) Entitlement to residual subsidies E+W+S

1 (1) Basic residual subsidy is payable to a housing association in accordance with the following provisions where the association received payments from the Secretary of State for the financial year 1971-72 under certain enactments under which, in accordance with the M78 Housing (Financial Provisions) (Scotland) Act 1972, no payments were to be made for 1972-73 or any subsequent year. E+W+S

(2) A housing association is entitled to basic residual subsidy for a financial year if—

(a) it was entitled to basic residual subsidy under section 52 of the Housing (Financial Provisions) (Scotland) Act 1972 for the financial year 1972-73, and

(b) it has continued to be entitled to basic residual subsidy, under that section or this Schedule, for each succeeding financial year up to and including that immediately before the year in question.

(3) The amount of basic residual subsidy payable to an association for any year is the amount (if any) by which the basic residual subsidy payable for the previous year exceeds the withdrawal factor.

(4) Subject to any direction of the Secretary of State under paragraph 4(2), the withdrawal factor is the sum produced by multiplying £20 by the number of houses as at 31st March 1972 in respect of which the association’s subsidies for 1971-72 (as defined in section 52(4) of the Housing (Financial Provisions) (Scotland) Act 1972) were payable.

Modifications etc. (not altering text)

C21 Sch. 5 Pt. II paras. 1–7 modified by Housing Act 1988 (c. 50, SIF 61), s. 57(c)

Marginal Citations

M78 1972 c. 46.

2 (1) Special residual subsidy is payable to a housing association in accordance with the following provisions in respect of houses— E+W+S

(a) the erection of which was approved by the Secretary of State for the purposes of sections 1 to 12 of the M79 Housing (Financial Provisions) (Scotland) Act 1968 before 3rd August 1972, and

(b) which were completed by the association during the year 1972-73, 1973-74 or 1974-75.

(2) A housing association is entitled to special residual subsidy for a financial year if—

(a) it was entitled by virtue of section 53 of the M80 Housing (Financial Provisions) (Scotland) Act 1972 to special residual subsidy for any of the years 1972-73, 1973-74 or 1974-75, and

(b) it has continued to be entitled to special residual subsidy, under that section or this Schedule, for each succeeding financial year up to and including that immediately before the year in question.

(3) The amount of special residual subsidy payable to an association for any year is the amount (if any) by which the special residual subsidy payable for the previous year exceeds the reduction factor.

(4) Subject to any direction of the Secretary of State under paragraph 4(2), the reduction factor is the sum produced by multiplying £20 by the number of houses satisfying the description in sub-paragraph (1).

Modifications etc. (not altering text)

C22 Sch. 5 Pt. II paras. 1–7 modified by Housing Act 1988 (c. 50, SIF 61), s. 57(c)

Marginal Citations

M79 1968 c. 31.

M80 1972 c. 46.

3 E+W+S No basic or special residual subsidy is payable to a co-operative housing association.

Modifications etc. (not altering text)

C23 Sch. 5 Pt. II paras. 1–7 modified by Housing Act 1988 (c. 50, SIF 61), s. 57(c)

Power to vary withdrawal factor or reduction factor E+W+S

4 (1) This paragraph applies where a housing association, by furnishing to the Secretary of State such information as to its financial position as he may require, satisfies him as regards any financial year that its income from its houses will be, or was, inadequate having regard to its normal sources of income to meet such expenditure (including loan charges) as in his opinion it would be, or was, reasonable for the association to incur for that financial year in the exercise of its housing functions. E+W+S

(2) Where this paragraph applies, the Secretary of State may direct that the amount of basic residual subsidy or special residual subsidy payable to the association for the financial year in question shall be determined—

(a) by reference to a withdrawal factor or reduction factor calculated by reference to a smaller sum of money per house than that mentioned in paragraph 1(4) or 2(4), or

(b) by reference to a withdrawal factor or reduction factor of zero.

(3) A direction under this paragraph may be varied or revoked by the Secretary of State by a further direction.

(4) In sub-paragraph (1) “housing functions” means—

(a) constructing or improving, or facilitating the construction or improvement, of houses,

(b) managing houses,

(c) the provision of houses by conversion, and

(d) the acquisition of houses;

and includes functions which are supplementary or incidental to any of those functions.

(5) For the purposes of this paragraph “loan charges”, in relation to money borrowed by an association includes loan charges made by the association itself (including charges for debt management), whether in respect of borrowing from a capital fund kept by the association or in respect of borrowing between accounts kept by the association for different functions, or otherwise.

Modifications etc. (not altering text)

C24 Sch. 5 Pt. II paras. 1–7 modified by Housing Act 1988 (c. 50, SIF 61), s. 57(c)

Administrative provisions E+W+S

5 (1) Payment of basic or special residual subsidy is subject to the making of a claim for the payment in such form, and containing such particulars, as the Secretary for State may from time to time determine. E+W+S

(2) The amount of basic or special residual subsidy payable to a housing association for a financial year shall be calculated to the nearest pound by rounding up any odd amount of 50p or more and rounding down any lesser amount.

(3) Basic or special residual subsidy is payable . . . F283 subject to such conditions as to records, certificates, audit or otherwise as the Secretary of State may, . . . F283 , impose.

Textual Amendments

F283 Words repealed by Housing Act 1988 (c. 50, SIF 61), ss. 59(2)(3)(4), 140(2), Sch. 6 Pt. II para. 30(2), Sch. 18

Modifications etc. (not altering text)

C25 Sch. 5 Pt. II paras. 1–7 modified by Housing Act 1988 (c. 50, SIF 61), s. 57(c)

Powers exercisable in case of disposal of houses by association E+W+S

6 (1) The Secretary of State may reduce, suspend or discontinue the payment of basic or special residual subsidy to a housing association if the association leases for a term exceeding seven years or otherwise disposes of any of the houses in respect of which the association is entitled to the payment. E+W+S

(2) If any houses of an association are leased for a term exceeding seven years to, or become vested in—

(a) another housing association, or trustees for another housing association, or

(b) the Housing Corporation,

the Secretary of State may pay to that association or to the Corporation any basic or special residual subsidy which he would otherwise have paid to the former association for any financial year, beginning with that in which the houses are so leased or become so vested.

(3) For the purposes of this paragraph a lease shall be treated as being for a term exceeding seven years where the original term is for a lesser period but the lease confers on the lessee an option for renewal for a term which, together with the original term, exceeds seven years.

Modifications etc. (not altering text)

C26 Sch. 5 Pt. II paras. 1–7 modified by Housing Act 1988 (c. 50, SIF 61), s. 57(c)

Saving for financial years beginning before the commencement of this Act E+W+S

7 (1) The preceding provisions apply in relation to the financial year 1986-87 and subsequent financial years. E+W+S

(2) The repeal by the M81 Housing (Consequential Provisions) Act 1985 of the provisions of the M82 Housing (Financial Provisions) (Scotland) Act 1972 relating to basic and special residual subsidies does not affect the operation of those provisions in relation to previous financial years.

Modifications etc. (not altering text)

C27 Sch. 5 Pt. II paras. 1–7 modified by Housing Act 1988 (c. 50, SIF 61), s. 57(c)

Marginal Citations

M81 1985 c. 71.

M82 1972 c. 46.

Part III E+W+S Contributions and Grants Under Arrangements With Local Authorities

(s. 12 of the Housing (Financial Provisions) Act 1958; s. 12 of the Housing Subsidies Act 1967; s. 21 of the Housing Act 1969) E+W+S

1 (1) Contributions by the Secretary of State in connection with arrangements made under section 121 of the M83 Housing Act 1957 (arrangements between housing associations and local authorities for improvement of housing) remain payable— E+W+S

(a) under section 12 of the M84 Housing (Financial Provisions) Act 1958 and section 12 of the M85 Housing Subsidies Act 1967 as regards arrangements made before 25th August 1969, and

(b) under section 21 of the M86 Housing Act 1969 as regards arrangements made on or after that date and approved under subsection (2) of that section before 1st April 1975.

(2) The contributions are payable at such times and in such manner as the Treasury may direct, and subject to such conditions, as to records, certificates, audit or otherwise as the Secretary of State may, with the approval of the Treasury, impose.

(3) Where such a contribution is paid to a local authority, the authority shall pay to the housing association by way of annual grant an amount not less than the contribution.

Marginal Citations

M83 1957 c. 56.

M84 1958 c. 42.

M85 1967 c. 29.

M86 1969 c. 33.

2 E+W+S If the Secretary of State is satisfied, in the case of contributions payable under section 12 of the Housing (Financial Provisions) Act 1958, that the housing association have made default in giving effect to the terms of the arrangements, he may, as he thinks just—

(a) reduce the amount of the contribution payable to the local authority, or

(b) suspend or discontinue the payment;

and the local authority may reduce to a proportionate or any less extent the annual grant payable by them to the association or, as the case may be, suspend the payment for a corresponding period or discontinue the payment.

(s. 17 of the Housing (Financial Provisions) (Scotland) Act 1968) E+W+S

3 (1) Contributions by the Secretary of State under section 17 of the M87 Housing (Financial Provisions) (Scotland) Act 1968 remain payable in connection with arrangements made under section 121 of the M88 Housing (Scotland) Act 1950 or section 155 of the M89 Housing (Scotland) Act 1966 (arrangements between housing associations and local authorities for improvement of housing) and approved on or after 16th August 1964 and before 1st April 1975. E+W+S

(2) The contributions are payable at such times and in such manner as the Treasury may direct, and subject to such conditions as to records, certificates, audit or otherwise as the Secretary of State may, with the approval of the Treasury, impose.

(3) Where such a contribution is paid to a local authority, the authority shall pay to the housing association by way of annual grant an amount not less than the contribution.

Marginal Citations

M87 1968 c. 31.

M88 1950 c. 34.

M89 1966 c. 49.

4 (1) The Secretary of State may, in any of the circumstances mentioned in sub-paragraph (2), reduce the amount of the contributions in respect of a particular subsidised unit, or suspend or discontinue the payment of the contributions, or part of them, as he thinks just in the circumstances. E+W+S

(2) The circumstances referred to in sub-paragraph (1) are—

(a) that the housing association has made default in giving effect to the terms of the arrangements with the local authority, or

(b) that the subsidised unit has been converted, demolished or destroyed, is not fit to be used or has ceased to be used for the purpose for which it was intended, has been sold or leased for a stipulated duration exceeding twelve months or has been transferred, whether by sale or otherwise.

(3) The local authority may reduce to a corresponding or less extent the annual grant payable by them to the association, or, as the case may be, suspend payment of the whole or a corresponding part of the payment for a corresponding period, or discontinue the payment or a corresponding part.

Part IV E+W+S Contributions Under Arrangements with the Secretary of State in Scotland

(s. 16 of the Housing (Financial Provisions) (Scotland) Act 1968) E+W+S

1 (1) Contributions by the Secretary of State under section 16 of the Housing (Financial Provisions) (Scotland) Act 1968 remain payable in connection with arrangements made under— E+W+S

• section 14 of the M90 Housing (Scotland) Act 1962, or

• section 154 of the Housing (Scotland) Act 1966,

(arrangements between Secretary of State and housing associations) and approved before 1st April 1975.

(2) The Secretary of State may, in any of the circumstances mentioned in sub-paragraph (3), reduce the amount of the contributions in respect of a particular subsidised unit, or suspend or discontinue the payment of the contributions, or part of them, as he thinks just in the circumstances.

(3) The circumstances referred to in sub-paragraph (2) are—

(a) that the housing association has made default in giving effect to the terms of the arrangements, or

(b) the subsidised unit has been converted, demolished or destroyed, is not fit to be used or has ceased to be used for the purpose for which it was intended, has been sold or leased for a stipulated duration exceeding twelve months or has been transferred, whether by sale or otherwise.

Marginal Citations

M90 1962 c. 28.

Part V E+W+S Schemes for the Unification of Grant Conditions

(s. 123 of the Housing Act 1957; s. 157 of the Housing (Scotland) Act 1966) E+W+S

1 E+W+S A scheme under section 123 of the M91 Housing Act 1957 (schemes for the unification of divergent grant conditions affecting the management of a housing association’s houses) which was made before 10th August 1972 and is in force immediately before the commencement of this Act remains in force under this paragraph.

Marginal Citations

M91 1957 c. 56.

2 E+W+S A scheme under section 157 of the M92 Housing (Scotland) Act 1966 (schemes for the unification of divergent grant conditions affecting the management of a housing association’s houses) which was made before 3rd August 1972 and is in force immediately before the commencement of this Act remains in force under this paragraph.

Marginal Citations

M92 1966 c. 49.

Part VI E+W+S New Building Subsidy and Improvement Subsidy

(s. 75 of the Housing Finance Act 1972; ss. 55 and 57 of the Housing (Financial Provisions) (Scotland) Act 1972) E+W+S

1 (1) The following subsidies remain payable in respect of building schemes or improvement schemes approved by the Secretary of State before 1st April 1975— E+W+S

(a) new building subsidy under section 75 of the M93 Housing Finance Act 1972 or section 55 of the M94 Housing (Financial Provisions) (Scotland) Act 1972, and

(b) improvement subsidy under section 57 of the Housing (Financial Provisions) (Scotland) Act 1972.

(2) Payment of the subsidy is subject to the making of a claim for the payment in such form, and containing such particulars as the Secretary of State may from time to time determine.

(3) The amount of the subsidy payable for a financial year shall be calculated to the nearest pound by rounding up any odd amount of 50p or more and rounding down any lesser amount.

(4) The subsidy is payable at such times and in such manner as the Treasury may direct, and subject to such conditions as to records, certificates, audit or otherwise as the Secretary of State may, with the approval of the Treasury, impose.

Marginal Citations

M93 1972 c. 47.

M94 1972 c. 46.

2 (1) The Secretary of State may make reduced payments of subsidy, or suspend or discontinue such payments, if— E+W+S

(a) he made his approval of the scheme subject to conditions and is satisfied that any of the conditions has not been complied with, or

(b) he is satisfied that a dwelling comprised in the scheme has been converted, demolished or destroyed, is not fit to be used or is not being used for the purpose for which it was intended, has been sold or leased for a term exceeding seven years or has ceased for any reason whatsoever to be vested in the association or trustees for the association.

(2) If any of the dwellings comprised in the scheme become vested in, or are leased for a term exceeding seven years to—

(a) a housing association, or trustees for a housing association other than the association which received approval for the scheme, or

(b) the Housing Corporation,

the Secretary of State may, for any year beginning with that in which they come to be so vested or are so leased, pay them the whole or any part of the subsidy which he would otherwise have paid to the association which received approval for the scheme.

(3) For the purposes of this paragraph a dwelling shall be treated as leased for a term exceeding seven years if it is leased for a lesser term by a lease which confers on the lessee an option for renewal for a term which, together with the original term, exceeds seven years.

3 (1) Where a housing association satisfies the Secretary of State, by furnishing him with such information as to its financial position as he may require, that the amount of new building subsidy for a year will be, or was, inadequate having regard to its normal sources of income to enable it to meet such expenditure (including loan charges) as in his opinion it would be, or was, reasonable for it to incur for that year in the exercise of its housing functions, he may direct that for that year the percentage of the initial deficit to be met by subsidy shall be greater than that otherwise applicable. E+W+S

(2) The percentage shall not, however, be greater than 90 per cent. or the percentage met by subsidy for the immediately preceding year, whichever is less.

(3) This paragraph does not apply in relation to the year of completion or the second or third year for which new building subsidy is payable.

(4) In this paragraph—

• “housing functions” means constructing, improving or managing, or facilitating or encouraging the construction or improvement of dwellings, the provision of dwellings by conversion and the acquisition of dwellings, and includes functions which are supplementary or incidental to any of those functions;

• “loan charges” includes any loan charges made by a housing association (including charges for debt management) whether in respect of borrowing from a capital fund kept by the association or in respect of borrowing between accounts kept by the association for different functions or otherwise.

4 (1) Where before 1st April 1976 a registered housing association made an application for housing association grant in respect of a housing project which was or included a building scheme or improvement scheme which had been previously approved for the purposes of any of the provisions mentioned in paragraph 1 and the Secretary of State gave his approval to that project for the purposes of housing association grant, no further payments of new building subsidy or improvement subsidy shall be made in respect of that approved scheme. E+W+S

(2) A condition imposed by the Secretary of State in such a case by virtue of section 35(2)(b) of the M95 Housing Act 1974, requiring the repayment of all or any of the payments of new building subsidy or improvement subsidy already paid, if in force immediately before the commencement of this Act, remains in force under this sub-paragraph.

(3) No account shall be taken under section 47(2)(b) (estimation of net cost of project for purposes of housing association grant: income to include subsidies) of payments of subsidy received which are required to be repaid in pursuance of such a condition.

Marginal Citations

M95 1974 c. 44.

Part VII E+W+S Payments in Respect of Hostels Under Pre-1974 Enactments

(s. 21 of the Housing (Financial Provisions) (Scotland) Act 1968) E+W+S

1 (1) Section 21 of the M96 Housing (Financial Provisions) (Scotland) Act 1968 (exchequer contributions for hostels) continues to have effect in relation to buildings provided or converted by a housing association which were approved by the Secretary of State for the purposes of subsection (1) of that section before 1st April 1975. E+W+S

(2) A registered housing association may not make an application for housing association grant in respect of a housing project which consists of or includes the carrying out of works for the provision of hostels if before 1st April 1975 any contribution has been made under section 21 of the Housing (Financial Provisions) (Scotland) Act 1968.

(3) If in a case where sub-paragraph (2) does not prevent the making of such an application a registered housing association makes an application for housing association grant in respect of a housing project falling within that sub-paragraph and the Secretary of State gives his approval to the project for the purposes of housing association grant, section 21 of the M97 Housing (Financial Provisions) (Scotland) Act 1968 shall cease to have effect with respect to the provision of hostels referred to in that sub-paragraph.

Marginal Citations

M96 1968 c. 31.

M97 1968 c. 31.

SCHEDULE 6 E+W+S

Status of Corporation E+W+S

1 (1) The Housing Corporation is a body corporate. E+W+S

(2) It is a public body for the purposes of the Prevention of Corruption Acts 1889 to 1916.

(3) It shall not be regarded—

(a) as the servant or agent of the Crown, or

(b) as enjoying any status, immunity or privilege of the Crown, or

(c) as exempt from any tax, duty, rate, levy or other charge whatsoever, whether general or local;

and its property shall not be regarded as property of, or held on behalf of, the Crown.

Membership of Corporation E+W+S

2 (1) The members of the Housing Corporation, of whom there shall be not more than fifteen, shall be appointed by the Secretary of State. E+W+S

(2) Before appointing a person to be a member of the Corporation the Secretary of State shall satisfy himself that he will have no financial or other interest likely to affect prejudicially the exercise of his functions as member; and the Secretary of State may require a person whom he proposes to appoint to give him such information as he considers necessary for that purpose.

3 (1) The members of the Housing Corporation shall hold and vacate office in accordance with the terms of their appointment, subject to the following provisions. E+W+S

(2) A member may resign his membership by notice in writing addressed to the Secretary of State.

(3) The Secretary of State may remove a member from office if he is satisfied that—

(a) he has been adjudged bankrupt or made an arrangement with his creditors or (in Scotland) has had his estate sequestrated or has made a trust deed for behoof of his creditors or a composition contract,

(b) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F284

(c) he has been absent from meetings of the Corporation for a period longer than three consecutive months without the permission of the Corporation, or

(d) he is otherwise unable or unfit to discharge the functions of a member, or is unsuitable to continue as a member.

(4) The Secretary of State shall satisfy himself from time to time with respect to every member that he has no financial or other interest likely to affect prejudicially the exercise of his functions as a member; and he may require a member to give him such information as he considers necessary for that purpose.

Textual Amendments

F284 Sch. 6 para. 3(3)(b) repealed by Housing Act 1988 (c. 50, SIF 61), ss. 59(2)(3)(4), 140(2), Sch. 6 Pt. III para. 37, Sch. 18

Chairman and Deputy Chairman E+W+S

4 (1) The Secretary of State shall appoint one of the members to be Chairman and one to be Deputy Chairman; and the members so appointed shall hold and vacate those offices in accordance with the terms of their appointment, subject to the following provisions. E+W+S

(2) The Chairman or Deputy Chairman may resign his office by notice in writing addressed to the Secretary of State.

(3) If the Chairman or Deputy Chairman ceases to be a member of the Corporation, he also ceases to be Chairman or Deputy Chairman.

Remuneration and allowances E+W+S

5 (1) The Secretary of State may pay the Chairman, Deputy Chairman and members such remuneration as he may, [F285 with the consent of the Treasury], determine. E+W+S

(2) The Housing Corporation may pay them such reasonable allowances as may be so determined in respect of expenses properly incurred by them in the performance of their duties.

Textual Amendments

F285 Words in Sch. 6 para. 5(1) repealed (E.W.) (1.10.1996) by 1996 c. 52, ss. 222, 227, Sch. 18 Pt. IV para. 22(1)(d), Sch. 19 Pt. XIII; S.I. 1996/2402, art. 3 (subject to transitional provisions and savings in Sch.)

Pensions E+W+S

6 (1) The Secretary of State may, [F286 with the consent of the Treasury], determine to pay in respect of a person’s office as Chairman, Deputy Chairman or member— E+W+S

(a) such pension, allowance or gratuity to or in respect of that person on his retirement or death as may be so determined, or

(b) such contributions or other payments towards provision for such pension, allowance or gratuity as may be so determined.

(2) As soon as may be after the making of such a determination the Secretary of State shall lay before each House of Parliament a statement of the amount payable in pursuance of the determination.

(3) Sub-paragraph (1) does not apply in the case of a member who has been admitted in pursuance of regulations under section 7 of the M98 Superannuation Act 1972 to participate in the benefits of a superannuation fund maintained by a local authority.

(4) In such a case the Secretary of State shall make any payments required to be made to the fund in respect of the member by the employing authority and may make such deductions from his remuneration as the employing authority might make in respect of his contributions to the fund.

Textual Amendments

F286 Words in Sch. 6 para. 6(1) repealed (E.W.) (1.10.1996) by 1996 c. 52, ss. 222, 227, Sch. 18 Pt. IV para. 22(1)(d), Sch. 19 Pt. XIII; S.I. 1996/2402, art. 3 (subject to transitional provisions and savings in Sch.)

Marginal Citations

M98 1972 c. 11.

[F287 Delegation of functions E+W+S

Textual Amendments

F287 Sch. 6 para. 6A and cross-heading inserted (19.7.2006) by Housing Corporation (Delegation) etc. Act 2006 (c. 27), s. 1(1) (with s. 1(2)-(4))

6A E+W+S The Housing Corporation may delegate the exercise of any of its functions to any of its members, committees, sub-committees or employees.]

Proceedings of the Corporation E+W+S

7 (1) The quorum of the Housing Corporation and the arrangements relating to its meetings shall, subject to any directions given by the Secretary of State, be such as the Corporation may determine. E+W+S

(2) The validity of proceedings of the Corporation is not affected by any defect in the appointment of any of its members.

8 (1) Where a member of the Housing Corporation is in any way directly or indirectly interested in a contract made or proposed to be made by the Corporation— E+W+S

(a) he shall disclose the nature of his interest at a meeting of the Corporation, and the disclosure shall be recorded in the minutes of the Corporation, and

(b) he shall not take any part in any decision of the Corporation with respect to the contract.

(2) A general notice given by a member at a meeting of the Corporation to the effect that he is a member of a specified company or firm and is to be regarded as interested in any contract which may be made with the company or firm is a sufficient disclosure of his interest for the purposes of this paragraph in relation to a contract made after the date of the notice.

(3) A member need not attend in person at a meeting of the Corporation in order to make any disclosure which he is required to make under this paragraph provided he takes reasonable steps to secure that the disclosure is brought up and read at the meeting.

9 (1) The fixing of the Housing Corporation’s seal may be authenticated by the signature of the Chairman or of any other person authorised for the purpose. E+W+S

(2) A document purporting to be duly executed under the seal of the Corporation shall be received in evidence and be deemed to be so executed unless the contrary is proved.

Section 82.

SCHEDULE 7 E+W+S Powers Exercisable Where Loan Outstanding under Section 2 of The Housing Act 1964

Introductory E+W+S

1 E+W+S This Schedule applies where the Housing Corporation has made a loan to a housing association under section 2 of the M99 Housing Act 1964 before the repeal of that section by the M100 Housing (Consequential Provisions) Act 1985 and the loan has not been repaid.

Marginal Citations

M99 1964 c. 56.

M100 1985 c. 71.

Directions as to disposal of land securing loan E+W+S

2 (1) The [F288 Relevant Authority]may F289 . . .give the association directions with respect to the disposal of land belonging to the association in which the [F288 Relevant Authority] has an interest as mortgagee under a mortgage, or as creditor in a heritable security, entered into by the association to secure the loan. E+W+S

(2) Directions so given may be varied or revoked by subsequent directions F290 . . ..

[F291 (3) The written consent of the Secretary of State is required for the giving, varying or revoking of directions by the Housing Corporation.]

Textual Amendments

F288 Words in Pt. III (ss. 74-102), Sch. 7 substituted (1.11.1998) by 1998 c. 38, s. 140, Sch. 16 para. 28(a) (with ss. 139(2), 143(2)); S.I. 1998/2244, art. 5

F289 Words in Sch. 7 para. 2(1) repealed (1.11.1998) by 1998 c. 38, ss. 140, 152, Sch. 16 para. 53(2)(a), Sch. 18 Pt. VI (with ss. 137(1), 139(2), 141(1), 143(2)); S.I. 1998/2244, art. 5

F290 Words in Sch. 7 para. 2(2) repealed (1.11.1998) by 1998 c. 38, ss. 140, 152, Sch. 16 para. 53(2)(b), Sch. 18 Pt. VI (with ss. 137(1), 139(2), 141(1), 143(2)); S.I. 1998/2244, art. 5

F291 Sch. 7 para. 2(3) inserted (1.11.1998) by 1998 c. 38, s. 140, Sch. 16 para. 53(2)(c) (with ss. 139(2), 143(2)); S.I. 1998/2244, art. 5

3 E+W+S Where the [F292 Housing Corporation] proposes to give a housing association directions under paragraph 2 requiring the association to transfer to the [F292 Housing Corporation] the association’s interest in any land, the Secretary of State shall not consent to the giving of the directions unless he at the same time approves, or has previously approved, a scheme under paragraph 5 with respect to that land [F293 ; and the Secretary of State shall not give a housing association directions under paragraph 2 unless he at the same time makes, or has previously made, such a scheme].

Textual Amendments

F292 Words in Sch. 7 para. 3 substituted (1.11.1998) by 1998 c. 38, s. 140, Sch. 16 para. 53(3)(a) (with ss. 139(2), 143(2)); S.I. 1998/2244, art. 5

F293 Words in Sch. 7 para. 3 inserted (1.11.1998) by 1998 c. 38, s. 140, Sch. 16 para. 53(3)(b) (with ss. 139(2), 143(2)); S.I. 1998/2244, art. 5

4 [F294 F295 (1)] Where the [F296 Housing Corporation] proposes to give directions under paragraph 2 to an association whose rules restrict membership to persons entitled or prospectively entitled (whether as tenants or otherwise) to occupy a dwelling provided or managed by the association requiring the association to transfer its interest in any such land to the [F296 Housing Corporation], or to any other person, the Secretary of State shall not consent to the giving of the directions unless he is satisfied that arrangements have been made which, if the directions are given, will secure that the members of the association receive fair treatment in connection with the transfer. E+W+S

[F294 (2) The Secretary of State shall not give to such an association directions under paragraph 2 requiring the association to transfer any land to the Secretary of State, or to any other person, unless he is so satisfied.]

Textual Amendments

F294 Sch. 7 para. 4(2) inserted (1.11.1998) by 1998 c. 38, s. 140, Sch. 16 para. 53(4)(b) (with ss. 139(2), 143(2)); S.I. 1998/2244, art. 5

F295 Sch. 7 para. 4 renumbered as Sch. 7 para. 4(1) (1.11.1998) by 1998 c. 38, s. 140, Sch. 16 para. 53(4) (with ss. 139(2), 143(2)); S.I. 1998/2244, art. 5

F296 Words in Sch. 7 para. 4(1) substituted (1.11.1998) by 1998 c. 38, s. 140, Sch. 16 para. 53(4)(a) (with ss. 139(2), 143(2)); S.I. 1998/2244, art. 5

Schemes for Corporation to provide housing accommodation in place of association E+W+S

5 (1) If it appears to the [F297 Housing Corporation]— E+W+S

(a) that the association is experiencing difficulty in providing housing accommodation on any land which it has acquired or in managing housing accommodation provided by it on any land, or is in any way failing to perform its functions as a housing association in relation to any land, and that accordingly it is undesirable for the land in question to remain in the hands of the association,

(b) that there is no other housing association, whether in existence or about to be formed, to which the association’s interest in the land in question can suitably be transferred, and

(c) that the land is capable of being, or continuing to be, used to provide housing accommodation for letting,

the [F297 Housing Corporation] may prepare and submit to the Secretary of State a scheme.

[F298 (1A) If it so appears to the Secretary of State, he may make a scheme.]

(2) The scheme shall be for the Corporation—

(a) to acquire the association’s interest in the land,

(b) to undertake all such operations as may be required for the provision or continued provision on the land of housing accommodation for letting (including any operation which might have been carried out by a housing association in connection with the provision of housing accommodation), and

(c) to retain the accommodation and keep it available for letting so long as the scheme has not been terminated in any manner provided for in the scheme.

(3) Where such a scheme is submitted to the Secretary of State by the [F299 Housing Corporation], the Secretary of State, on being satisfied of—

(a) the undesirability of the land remaining in the hands of the association, and

(b) the lack of any housing association to which it can suitably be transferred,

may, if he thinks fit, approve the scheme.

(4) If he does so the [F299 Housing Corporation]shall have power to acquire for the purposes of the scheme the association’s interest in the land and to carry through the provisions of the scheme.

(5) A scheme approved by the Secretary of State under this paragraph may be varied from time to time in accordance with proposals in that behalf made by the [F299 Housing Corporation] and approved by the Secretary of State.

[F300 (6) Where the Secretary of State makes the scheme, he shall have power to acquire for the purposes of the scheme the association’s interest in the land and to carry through the provisions of the scheme.]

TABLE OF DERIVATIONS

1. The following abbreviations are used in this Table:— Acts of Parliament

1957	=	The Housing Act 1957 (c.56).
1958 (c.42)	=	The Housing (Financial Provisions) Act 1958.
1959 (c.53)	=	The Town and Country Planning Act 1959.
1959 (c.70)	=	The Town and Country Planning (Scotland) Act 1959.
1960 (c.58)	=	The Charities Act 1960.
1961	=	The Housing Act 1961 (c.65).
1963 (c.33)	=	The London Government Act 1963.
1964	=	The Housing Act 1964 (c. 56).
1965 (c.12)	=	The Industrial and Provident Soceties Act 1965.
1965 (c.25)	=	The Finance Act 1965.
1966 (S.)	=	The Housing (Scotland) Act 1966 (c.49).
1968 (c.13)	=	The National Loans Act 1968.
1968 (S.)	=	The Housing (Financial Provisions) (Scotland) Act 1968 (c.31).
1969	=	The Housing Act 1969 (c.33).
1970 (c.10)	=	The Income and Corporation Taxes Act 1970.
1970 (c.35)	=	The Conveyancing and Feudal Reform (Scotland) Act 1970.
1972 (S.)	=	The Housing (Financial Provisions) (Scotland) Act 1972 (c. 46).
1972	=	The Housing Finance Act 1972 (c.47).
1972 (c.70)	=	The Local Government Act 1972.
1973 (c.65)	=	The Local Government (Scotland) Act 1973.
1974	=	The Housing Act 1974 (c.44).
1975	=	The Housing Rents and Subsidies Act 1975 (c.6).
1975 (c.28)	=	The Housing Rents and Subsidies (Scotland) Act 1975.
1975 (c.55)	=	The Statutory Corporations (Financial Provisions) Act 1975.
1976 (c.75)	=	The Development of Rural Wales Act 1976.
1977 (c.42)	=	The Rent Act 1977.
1978	=	The Home Purchase Assistance and Housing Guarantee Act 1978 (c. 27).
1980 (c.43)	=	The Magistrates’ Courts Act 1980.
1980	=	The Housing Act 1980 (c.51).
1980 (S.)	=	The Tenants Rights etc. (Scotland) Act 1980 (c.52)
1981 (c.64)	=	The New Towns Act 1981.
1981 (c.67)	=	The Acquisition of Land Act 1981.
1982 (c.48)	=	The Criminal Justice Act 1982.
1983 (c.29)	=	The Miscellaneous Financial Provisions Act 1983.
1984	=	The Housing and Building Control Act 1984 (c.29).
1985 (c.9)	=	The Companies Consolidation (Consequential Provisions) Act 1985.
1985 (c.51)	=	The Local Government Act 1985. Subordinate legislation
S.I. 1972/1204	=	The Isles of Scilly (Housing) Order 1972.
S.I. 1973/886	=	The Isles of Scilly (Housing) (No. 2) Order 1973.
S.I. 1975/374	=	The Housing Act 1974 (Commencement No. 4) Order 1975.
S.I. 1975/512	=	The Isles of Scilly (Housing) Order 1975.
S.I. 1983/664	=	The Housing Corporation Advances (Increase of Limit) Order 1983.
S.I. 1984/1803	=	The Housing Association Grant (Disposal of Dwellings) Order 1984.

2. The Table does not show the effect of Transfer of Functions Orders.

3. The letter R followed by a number indicates that the provision gives effect to the Recommendation bearing that number in the Law Commission’s Report on the Consolidation of the Housing Acts (Cmnd. 9515).

4. A reference followed by “passim” indicates that the provision of the consolidation derives from passages within those referred to which it is not convenient, and does not appear necessary, to itemise.

5. The entry “drafting” indicates a provision of a mechanical or editorial nature affecting the arrangement of the consolidation; for instance, a provision introducing a Schedule or introducing a definition to avoid undue repetition of the defining words.

Provision	Derivation
1(1)	1957 s. 189(1); 1964 s. 12(1); 1966 (S.) s.208(1); 1974 s. 129(1), (2), Sch. 13 para. 6.
(2)	drafting.
(3)	1974 s. 12.
2	1977 s. 2(6A); 1977 (c.42) s. 15(5); 1980 ss. 74(2), 123(7).
3	1974 s. 13(1), (7).
4(1)	1974 s. 13(1).
(2)	1974 s. 13(2).
(3)	1974 s. 13(3); 1980 s. 127(1)-(3); 1984 s. 35(4); Sch. 11 para. 27.
5(1)	1974 s. 13(1), (4), (5).
(2)	1974 s. 13(4).
(3)	1974 s. 16(1), (2).
(4)	1974 s. 13(6).
6(1)	1974 s. 15(1).
(2), (3)	1974 s. 15(2).
(4)	1974 s. 15(2A); 1980 s. 128(1)(a), (2).
(5)	1974 s. 16(1), (2).
7(1)	1974 s. 15(3).
(2)	1974 s. 15(4).
(3)	1974 s. 16(3).
8(1)-(3)	1980 s. 122(1)-(3).
9(1)	1974 s. 2(1), (6).
(2)	1974 s. 2(1A), (1B); 1980 s. 123(2).
(3)	1974 s. 2(5A); 1980 s. 123(6), 137(1).
(4)	1974 s. 15(6); 1980 s. 128.
(5)	1974 s. 2(1).
10(1)	1974 s. 2(2), (3); 1980 s. 123(3).
(2)	1974 s. 2(3A); 1980 s. 123(4).
(3)	1974 s. 2(4); 1980 s. 123(5).
(4)	1974 s. 2(3).
11	drafting.
12	1980 s. 137(1), (2); 1984 Sch. 11 para. 28.
13(1)	1974 s. 26(1).
(2)	1974 s. 26(2); 1980 Sch. 25 para. 25.
(3)	1974 s. 26(5); 1980 Sch. 11 Part II.
14(1)	1974 s. 26(3), (4), (6); 1980 Sch. 16 Part II.
(2)	1974 s. 26(5), 1980 Sch. 16 Part II.
Provision	Derivation
15(1)	1974 s. 27(1)-(3); 1980 Sch. 16 Part II.
(2)	1974 s. 27(5)-(7); 1980 Sch. 16 Part II.
(3)	1974 s. 27(4); 1980 Sch. 16 Part II.
16(1)	1974 s. 20(2); 1970 (c.35) Sch. 3 para. 9(2); R.32.
(2), (3)	1974 s. 20(6).
(4)	1974 s. 20(6).
17(1), (2)	1974 s. 20(3).
(3)	1974 s. 20(4).
(4)	1980 Sch. 17 para. 8.
18(1)	1980 Sch. 17 paras. 4, 5.
(2)	1980 Sch. 17 para. 6(b).
(3)	1980 Sch. 17 para. 7.
19(1)	1974 s. 24(1).
(2)-(4)	1965 (c.12) s. 10; 1974 s. 24(5A); 1980 s. 132.
20(1)	1974 s. 25(1).
(2)	1960 (c.58) s. 46; 1974 s. 25(1)-(3).
21(1)-(6)	1974 s. 24(1)-(5), (6).
22(1), (2)	1974 s. 22(1), (2).
23(1)	1974 s. 23(1).
(2)	1974 s. 23(2).
(3)	1974 s. 23(3).
(4)	1974 s. 23(4).
(5)	1974 s. 23(3).
24(1)	1980 s. 124(1).
(2)	1980 s. 124(6).
(3)	1980 s. 124(2).
(4)	1980 s. 124(3).
(5)	1980 s. 124(7), 151(1), (3).
25	1980 s. 124(4).
26	1980 s. 124(5).
27(1)	1980 s. 125(1).
(2)	1980 s. 125(2); 1982 (c. 48) ss. 37(1), 46(2).
(3)	1980 s. 125(3).
(4)	1980 s. 125(4).
28(1)	1974 s. 19(1), (1A); 1980 Sch. 17 para. 1.
(2)	1974 s. 19(2); 1980 Sch. 17 paras. 2, 6(b).
(3)	1974 s. 19(3); 1975 (c. 21) ss. 289F, 289G; 1982 (c. 48) ss. 37, 46(1), 54.
(4)	1974 s. 19(5).
(5)	1974 s. 19(8); 1980 Sch. 17 para. 2.
(6)	1980 s. 155(2).
29(1)	1974 s. 19(4).
(2)	1974 s. 19(4); 1980 Sch. 17 para. 6(e).
(3)	1974 s. 19(5).
(4)	1974 s. 19(6).
(5)	1974 s. 19(7).
Provision	Derivation
30(1)	1974 s. 20(1); 1980 Sch. 17 paras. 3(a), 6(b).
(2), (3)	1974 s. 20(6).
(4)	1974 s. 20(5); 1980 Sch. 17 para. 3(c).
(5)	1974 s. 20(1A); 1980 Sch. 17 para. 3(b).
(6)	1974 s. 20(7); 1975 (c. 21) ss. 289F, 289G; 1980 Sch. 17 para. 9; 1982 (c. 48) ss. 37, 46(1), 54.
31(1)	1974 ss. 19, 20passim; 1980 Sch. 17 paras. 4, 5, 6(a).
(2)	1980 Sch. 17 para. 7.
(3)	1980 Sch. 17 para. 6(c)(d).
32(1)	1974 s. 21(1).
(2)	1974 s. 21(2)(a).
(3)	1974 s. 21(2)(b).
(4)	1974 s. 21(3).
(5)	1974 s. 21(4).
33(1)	1957 s. 124; 1966 (S.) s. 158(1).
(2)	1957 s. 124; 1966 (S.) s. 158(2).
34(1), (2)	1957 s. 119(2).
35(1)	1957 s. 128(1); R.4(ii).
(2)	drafting.
36(1)	1957 s. 128(2); R.4(ii).
(2)	1957 s. 128(3); R.4(ii).
37	“appropriate registrar” 1974 s. 28; “committee” 1965 s. 74, 1974 s. 28; “co-opted member” 1974 s. 26(6), 1980 Sch. 16 Part II; drafting.
38	1974 ss. 28, 129(1); 1980 s. 133(1).
39	“mental disorder” 1974 s. 20(2)(a); “secure tenancy” 1974 s. 2(6A), 1980 s. 123(7).
40	drafting.
41(1)	1974 ss. 29(1), 29A(2); 1975 s. 6; 1975 (S.) s. 12; 1980 Sch. 18 para. 3.
(2)	1974 s. 29A(1); 1980 Sch. 18 Para. 3.
42(1)	1974 s. 29(2).
(2), (3)	1974 s. 29(2), (2A); 1980 Sch. 18 para. 1.
43	1980 s. 130(1).
44(1)	1984 s. 33(1).
(2)	1984 s. 33(2).
(3)	drafting.
45(1), (2)	1984 s. 35(1).
(3)	1984 s. 35(2).
(4)	1984 s. 35(3).
46	1974 s. 29(3).
47(1)	1974 s. 29(4).
(2), (3)	1974 s. 29(6).
(4)	1974 s. 29(8).
(5)	1974 s. 29(6A); 1980 Sch. 18 para. 2.
(6)	1974 s. 29(7).
Provision	Derivation
48(1)	1974 s. 29(5).
(2)	1974 s. 29(8).
(3)	1980 s. 130(2); S.I. 1984/1803.
(4)	1980 s. 151(1), (3).
49(1)-(4)	1974 s. 30(1); 1980 Sch. 18 para. 4.
(5)	1974 s. 30(8).
(6)	1974 s. 15(5).
50(1), (2)	1974 s. 30(2), (2A); 1980 Sch. 18 para. 5.
51(1), (2)	1974 s. 30(4), (6).
52(1)	1974 s. 30(3); 1980 Sch. 18 para. 6; 1984 s. 34(1).
(2)	1974 s. 30(3); 1980 Sch. 18 para. 6.
(3)	1984 s. 34(2).
(4)	1984 s. 34(3).
53(1)	1980 s. 131(1).
(2)	1980 s. 131(2).
(3)	1980 s. 131(3).
(4)	1980 s. 131(3), (4).
(5)	1980 s. 131(4).
(6)	1980 s. 131(5).
(7)	1980 s. 131(6).
54(1)	1974 s. 32(1); 1975 s. 6; 1975 (S.) s. 12; 1980 Sch. 18 para. 9(a).
(2), (3)	1974 s. 32(3); 1980 Sch. 18 para. 9(c).
(4)	1976 s. 32(5); 1980 Sch. 18 para. 9(e).
(5)	1974 s. 32(3); 1980 s. 133(2), Sch. 18 para. 9(c).
55(1)	1974 s. 33(1); 1980 Sch. 18 para. 10(a).
(2)-(4)	1974 s. 33(3); 1980 Sch. 18 para. 10(c).
(5)	1974 s. 33(4); 1980 Sch. 18 para. 10(d).
(6)	1974 s. 33(5); 1980 Sch. 18 para. 10(e).
56(1)	1974 ss. 32(2), 33(2); 1980 Sch. 18 paras. 9(b)(i), 10(b).
(2)	1974 ss. 32(2)(a), (b), 33(2), (7); 1980 Sch. 18 paras. 9(b)(ii), 10(b).
(3)	1974 s. 32(2)(c); 1980 Sch. 18 para. 9(b)(iii).
57(1)-(3)	1974 ss. 32(6), 33(6); 1980 Sch. 18 paras. 9(f), 10(f).
(4)	1974 s. 15(5).
58(1)	1957 s. 119(1).
(2)	1957 s. 119(3).
(3)	1972 s. 78(1), (2)(a), (4).
59(1)	1966 (S.) s. 152(1), (3); 1973 (c.65) Sch. 12 para. 10.
(2)	1966 (S.) s. 152(2), (3); 1973 (c.65) Sch. 12 para. 10.
(3)	1972 (S.) s. 58(1), (2)(b), (3).
(4)	1966 (S.) ss. 152(2), 198.
60(1)	1974 s. 17(1)(b).
(2)	1974 s. 17(3), (5); 1975 Sch. 5 para. 13; 1975 (S.) Sch. 3 para. 13.
(3)	1974 s. 17(4).
61(1)	1957 s. 122; 1966 (S.) s. 156(1).
(2)	1957 s. 122; 1966 (S.) s. 156(2); R.33.
62(1)	1965 (c.25) s. 93(1).
(2)	1965 (c.25) s. 93(6); 1970 (c.10) Sch. 15 para. 11 Table Pt. II; 1974 s. 17(2), (3).
(3)	1965 (c.25) s. 93(4).
Provision	Derivation
62(4)	1965 (c.25) s. 93(1), (2).
(5)	1965 (c.25) s. 93(2).
(6), (7)	1965 (c.25) s. 93(3).
63(1)	1964 s. 8(1); 1974 Sch. 13 para. 10(2).
(2)	1964 s. 8(2); 1974 Sch. 13 para. 10(2).
(3)	1964 s. 8(10); 1974 Sch. 13 para. 10(2).
(4)	1964 s. 8(3).
(5)	1964 s. 8(4).
(6)	1964 s. 8(3), (10).
64	1964 s. 8(8); 1975 (c.21) s. 298(1); 1977 Sch. 11; 1980 (c.44) s. 32(2); 1982 (c.48) s. 74(1).
65	1964 s. 8(5); 1974 Sch. 13 para. 10(2).
66(1)(a), (b)	1964 s. 8(12).
(c)	1964 s. 107.
(d)	drafting
(2)	1964 s. 107.
67(1)	1958 s. 47(1), (2)(b).
(2)	1958 s. 47(3), (5)(c), (6).
(3)	1958 s. 47(5)(c).
(4)	1958 s. 47(6) proviso (b).
(5)	1958 s. 47(5) (a), (b) proviso.
68(1)	1968 (S.) s. 24(1).
(2)	1968 (S.) s. 24(2), (4)(c), (5).
(3)	1968 (S.) s. 24(4)(c).
(4)	1968 (S.) s. 24(5) proviso (b).
(5), (6)	1968 (S.) s. 24(4)(a), (b) proviso.
69(1)	1972 (S.) ss. 58(2), 59(1); 1972 ss. 78(2), 79(1).
(2)	1972 (S.) ss. 58(5), 59(2); 1972 ss. 78(6), 79(2).
(3)	1972 ss. 78(1), 79(2).
(4)	1972 (S.) ss. 58(1), (5), 59(2).
70	drafting.
71	drafting.
72	“building society” 1964 s. 8(11); “Chief Registrar” 1964 s. 8(11); “officer” 1964 s. 8(11); “registered charity” drafting see 1974 s. 32(3)(1).
73	drafting.
74(1), (2)	drafting.
75(1)	1974 s. 1(2).
(2)	1974 s. 1(3).
(3)	1974 s. 1(2).
(4)	1964 Sch. 1 para. 5; 1974 Sch. 1 para. 3.
Provision	Derivation
76(1)	1964 s. 1(2); R.34(i).
(2)	1974 s. 9(3).
(3)	1964 s. 1(2).
(4)	1959 (c.53) s. 29; 1959 (c.70) s. 29; 1964 s. 1(4), (9).
77	1964 s. 7; R.35.
78	1964 s. 10(6).
79(1)	1974 s. 9(1).
(2)	1974 s. 9(2).
(3)	1974 s. 9(1), (2), (4).
(4)	1974 s. 9(3).
80(1)-(3)	1974 s. 9(5).
(4)	1974 s. 9(6).
81	1984 s. 24(1).
82	drafting.
83(1), (2)	1974 s. 10(1).
(3), (4)	1974 s. 10(2); 1978 s. 5(1), (2).
84(1)	1980 s. 111(1); 1984 s. 20(1).
(2)	1980 s. 111(3); 1984 s. 20(2).
(3)	1980 s. 111(4); 1984 s. 20(3).
(4)	1980 s. 111(1), (5); 1984 s. 20(4)(a).
(5)	1980 s. 111(5), (6); 1984 s. 20(4)(b).
(6)	1980 s. 111(8); 1984 s. 20(7).
85(1)	drafting.
(2)	1984 s. 20(5); “recognised body”.
(3)	1984 s. 20(6).
(4)	1984 ss. 18(3), (4), 20(5) “relevant advance”.
(5)	1984 s. 18(4) “long lease”.
86	1980 (S.) s. 31.
87(1)-(3)	1980 s. 121(2).
(4)	1980 s. 121(3).
88(1)	1974 ss. 1(2)(d), 3(1), (3).
(2)	1974 s. 3(6).
(3)	1974 s. 3(4); 1981 Sch. 4 para. 1.
(4)	1974 s. 3(2).
(5)	1974 s. 3(5).
89	1974 s. 4.
90(1)	1974 s. 5(2).
(2)	1974 s. 5(3); 1976 (c. 75) Sch. 7 para. 12; 1981 (c. 64) Sch. 12 para. 13(a).
(3)	1974 s. 5(3A); 1980 Sch. 25 para. 24.
(4)	1974 s. 5(4).
(5)	1974 s. 5(5)-(7).
(6)	1974 s. 5(1).
91	1959 (c.53) s. 29(1); 1959 (c.70) s. 29(1); 1964 s. 1(4), (9).
92(1)	1974 s. 7(2).
(2)	1974 s. 7(3).
(3)	1974 s. 7(4); 1975 (c.55) Sch. 4 para. 8.
(4)	1974 s. 7(6).
Provision	Derivation
92(5)	1974 s. 7(8).
(6)	1974 s. 7(7).
93(1)	1974 s. 7(1).
(2)	1974 s. 7(5); 1975 Sch. 5 para. 12; S.I. 1975/374; 1980 s. 120(1); S.I. 1983/664.
(3)	1974 ss. 7(5), 128(1).
(4)	1980 s. 120(2).
(5)	1974 s. 7(9).
94(1)	1974 s. 8(1); 1983 (c.29) s. 4.
(2)	1974 s. 8(2).
(3)	1974 s. 8(3).
(4)	1974 s. 8(4).
(5)	1974 s. 8(5).
(6)	1974 s. 8(2).
95	1980 s. 121(1).
96(1)	1974 s. 10(3).
(2)	1974 s. 10(4).
(3)	1974 s. 10(5).
(4)	1974 s. 10(6).
(5)	1974 s. 10(4), (5), (6).
97(1)	1964 s. 10(1).
(2)	1964 s. 10(2).
(3)	1964 s. 10(3).
(4)	1964 s. 10(4), (5); 1968 (c.13) Sch. 1; 1974 Sch. 13 para. 10(3).
(5)	1964 s. 10(5); 1985 (c.9) Sch. 2.
(6)	1964 s. 10(7).
98(1)	1974 s. 6(1).
(2)	1974 s. 6(3).
99	1974 s. 6(2).
100	1964 s. 11; 1974 Sch. 13 para. 10(4).
101	“building society” 1980 s. 111(7); “financial year” 1964 s. 10(7); 1978 (c.30) Sch. 1; “highway” 1974 s. 12; “subsidiary” 1974 s. 12; 1985 (c.9) Sch. 2.
102	drafting.
103	1972 s. 103; 1975 Sch. 5 para. 7(1); S.I. 1972/1204; S.I. 1975/512; R.29.
104(1)	1963 (c.33) s. 21(1), (2); 1972 (c.70) s. 193(1); 1966 (S.) s. 1; 1973 (c.65) s. 130(3), Sch. 12 para. 6; S.I. 1972/1204; S.I. 1973/886; S.I. 1975/512.
(2)	drafting.
105	1957 s. 104B(4B)(c); 1984 Sch. 6 para. 1(2).
106(1), (2).	“bank” 1957 s. 104B(6), 1978 Sch. para. 7, 1984 Sch. 6 para. 1(5); “building society”passim; “dwelling” 1966 (S.) s. 208(1), 1972 s. 104(1), 1974 s. 129(1)(2); “friendly society”passim; “hostel” 1974 s. 129(1)(2), 1966 (S.) s. 208(1); “house” 1957 s. 189(1); 1966 (S.) s. 208(1), 1980 s. 130(3); “housing activities” 1980 s. 133(2), Sch. 18 para. 9, 1984 Sch. 6 para. 1(5); “insurance company” 1957 s. 104B(6), 1978 Sch. para. 8, 1984 Sch. 6 para. 1(5); “local authority” 1957 s. 1, 1974 ss. 5, 129, 1980 s. 111, 1980 (c.52) s. 31, 1984 ss. 18(3), 20(5); 1985 (c.51) Sch. 14 para. 64(a), (b); “new town corporation” 1972 (S.) s. 78(1), 1974 s. 5(3)(c)(d), 1981 (c.64) Sch. 12 para. 13(a); “shared ownership lease” drafting; “trustee savings bank” 1957 s. 104B(6), 1978 Sch. para. 6, 1984 Sch. para. 1(5); “urban development corporation” 1984 s. 18(3).
Provision	Derivation
107	drafting.
Schedules
Sch. 1
para. 1	1974 Sch. 2 para. 1.
para. 2	1974 Sch. 2 para. 2.
para. 3	1974 Sch. 2 para. 3.
Sch. 2	1980 s. 122(4), (5), (6).
para. 1(1)	1957 s. 104B(1); 1980 s. 92.
(2)	1957 s. 104B(2), (3); 1980 s. 92; 1984 Sch. 6 para. 1(1).
para. 2(1)	1957 s. 104B(5); 1980 s. 92; 1984 Sch. 6 para. 1(3).
(2)	1957 s. 104B(5A); 1984 Sch. 6 para. 1(4).
(3)	1957 s. 104B(7); 1980 s. 92.
(4)	1957 s. 104B(6); 1978 Sch. paras. 6-9; 1984 Sch. 6 para. 1(5).
para. 3(1)	1957 s. 104C(1), (9); 1980 s. 92; 1984 Sch. 6 para. 2(1), (5).
(2)	1957 s. 104C(2); 1980 s. 92; 1984 Sch. 6 para. 2(2).
(3)	1957 s. 104C(3); 1980 s. 92.
(4)	1957 s. 104C(5); 1980 s. 92.
(5)	1957 s. 104C(6); 1980 s. 92.
(6)	1957 s. 104C(8); 1980 s. 92.
para. 4	1957 s. 104B(4), 104C(7A); 1984 Sch. 6 para. 1(2), 2(4).
para. 5(1)	1957 s. 104B(4A); 1984 Sch. 6 para. 1(2).
(2)	1957 s. 104B(4B), (8); 1984 Sch. 6 para. 1(2).
para. 6	1957 s. 104B(4A)(d); 1984 Sch. 6 para. 1(2); drafting.
para. 7	1957 ss. 104B(4C), 104C(7); 1984 Sch. 6 paras. 1(2), 2(4).
para. 8(1)	1957 ss. 104B(9), 104C(10); 1980 s. 92; 1984 Sch. 6 para. 1(6), 2(6).
(2)	1957 s. 104C(10); 1980 s. 92.
Sch. 3
para. 1(1), (2)	1980 Sch. 16 Part I para. 1(1), (2).
para. 2(1), (2)	1980 Sch. 16 Part I para. 2(1), (2).
para. 3(1)-(4)	1980 Sch. 16 Part I para. 3(1)-(4).
para. 4(1), (2)	1980 Sch. 16 Part I para. 4(1), (2).
para. 5	1980 Sch. 16 Part I para. 5(1), (2).
para. 6	1980 Sch. 16 Part I para. 5(3), (4).
para. 7	1980 Sch. 16 Part I para. 6.
Sch. 4
Pt. I
para. 1	1972 s. 78(2), (3), (5).
para. 2	1974 Sch. 13 para. 5.
Pt. II
para. 1	1972 Sch. 7 Pt. III; 1972 (S.) Sch. 1 Pts. IV, VI.
para. 2	1972 s. 79(1); 1972 (S.) s. 59(1).
Pt. III	1972 (S.) s. 58(2)(a), (g), (4).
Sch. 5
Pt. I
para. 1	1972 s. 72(1)-(7), (9).
para. 2	1972 s. 73(1)-(7).
para. 3	1972 s. 104(1) “housing association”.
para. 4	1972 ss. 74(1), (5), 104(4).
para. 5	1972 ss. 15(1), (2), (5), 71(4).
para. 6	1972 s. 74(2)-(4).
para. 7	drafting.
Pt. II
para. 1	1972 (S.) s. 52(1)-(6), 8.
para. 2	1972 (S.) s. 53(1)-(3), (8), (9).
para. 3	1972 (S.) s. 78(1) “housing association”.
para. 4	1972 (S.) ss. 54(1), 68(1).
para. 5	1972 (S.) ss. 13, 51(4).
Provision	Derivation
Sch. 5
Pt. IIcont.
para. 6	1972 (S.) s. 54(2)-(4).
para. 7	drafting.
Pt. III
para. 1(1)	1969 Sch. 9 para. 1; 1974 Sch. 14 para. 6.
(2)	1958 s. 28; 1967 Sch. 3 para. 6; 1969 Sch. 8 para. 17.
(3)	1958 s. 12(1); 1967 s. 12(6); 1969 s. 21(8); Sch. 9 para. 1; 1974 Sch. 14 para. 6.
para. 2	1958 s. 12(2); 1969 Sch. 9 para. 1.
para. 3(1)	1968 (S.) s. 17(3); 1974 Sch. 14 para. 6.
(2)	1968 (S.) s. 57(1).
(3)	1968 (S.) s. 17(2); 1974 Sch. 14 para. 6.
para. 4(1)	1968 (S.) s. 58(1).
(2)	1968 (S.) s. 58(3).
(3)	1968 (S.) s. 58(2).
Pt. IV
para. 1(1)	1968 (S.) s. 16(2); 1974 Sch. 14 para. 6.
(2)	1968 (S.) s. 58(1).
(3)	1968 (S.) s. 58(3).
Pt. V
para. 1	1972 s. 78(2)(d), (5).
para. 2	1972 (S.) s. 58(2)(f), (4).
Pt. VI
para. 1(1)	1974 s. 35(1).
(2)-(4)	1972 ss. 15(1), (2), (5), 71(4); 1972 (S.) ss. 13(1)-(3), 51(4).
para. 2(1)	1972 (S.) ss. 56(2), 57(4); 1972 s. 76(2).
(2)	1972 (S.) ss. 56(3), 57(4); 1972 s. 76(3).
(3)	1972 (S.) ss. 56(4), 57(4); 1972 s. 76(4).
para. 3(1)-(3)	1972 (S.) s. 55(12); 1972 s. 75(12); 1974 Sch. 13 paras. 23(4), 32.
(4)	1972 (S.) s. 57(4); 1972 s. 74(5).
para. 4	1974 s. 35(2).
Pt. VII
para. 1(1)	1974 s. 35(1).
(2)	1974 s. 35(4).
(3)	1974 s. 35(5).
Sch. 6
para. 1(1)	1964 Sch. 1 para. 1.
(2)	1964 Sch. 1 para. 6; 1974 Sch. 1 para. 4.
(3)	1964 s. 1(3).
para. 2(1)	1964 Sch. 1 para. 2(1); 1974 Sch. 1 para. 1.
(2)	1964 Sch. 1 para. 2A(1); 1974 Sch. 1 para. 2.
para. 3(1)	1964 Sch. 1 para. 2(2).
(2)	1964 Sch. 1 para. 2(4).
(3)	1964 Sch. 1 para. 2(5).
(4)	1964 Sch. 1 para. 2A(1); 1974 Sch. 1 para. 2.
para. 4(1)	1964 Sch. 1 para. 2(1), (2).
(2)	1964 Sch. 1 para. 2(4).
(3)	1964 Sch. 1 para. 2(3).
para. 5(1), (2)	1964 Sch. 1 para. 2(7).
para. 6(1), (2)	1964 Sch. 1 para. 2(8).
(3), (4)	1964 Sch. 1 para. 2(9); 1972 (c.11) Sch. 6 para. 47.
para. 7(1)	1964 Sch. 1 para. 3(1).
(2)	1964 Sch. 1 para. 3(2).
para. 8(1)	1964 Sch. 1 para. 2A(2); 1974 Sch. 1 para. 2.
(2)	1964 Sch. 1 para. 2A(3); 1974 Sch. 1 para. 2.
(3)	1964 Sch. 1 para. 2A(4); 1974 Sch. 1 para. 2.
para. 9(1)	1964 Sch. 1 para. 4(1); 1980 Sch. 25 para. 13.
(2)	1964 Sch. 1 para. 4(2).
Sch. 7
para. 1	R.36.
para. 2(1)	1964 s. 2(3); 1972 s. 77(2); 1974 Sch. 14 para. 1; R.36.
(2)	1964 s. 2(3).
para. 3	1964 s. 5(3); R.36.
Provision	Derivation
Sch. 7cont.
para. 4	1964 s. 2(4); R.36.
para. 5(1), (2)	1964 s. 5(1); R.36.
(3), (4)	1964 s. 5(2); R.36.
(5)	1964 s. 5(4).

Textual Amendments

F297 Words in Sch. 7 para. 5(1) substituted (1.11.1998) by 1998 c. 38, s. 140, Sch. 16 para. 53(5)(a) (with ss. 139(2), 143(2)); S.I. 1998/2244, art. 5

F298 Sch. 7 para. 5(1A) inserted (1.11.1998) by 1998 c. 38, s. 140, Sch. 16 para. 53(5)(b) (with ss. 139(2), 143(2)); S.I. 1998/2244, art. 5

F299 Words in Sch. 7 para. 5(3)(4)(5) substituted (1.11.1998) by 1998 c. 38, s. 140, Sch. 16 para. 53(5)(c) (with ss. 139(2), 143(2)); S.I. 1998/2244, art. 5

F300 Sch. 7 para. 5(6) inserted (1.11.1998) by 1998 c. 38, s. 140, Sch. 16 para. 53(5)(d) (with ss. 139(2), 143(2)); S.I. 1998/2244, art. 5