Housing Associations Act 1985

PART IV General Provisions

General provisions

103 Application to Isles of Scilly

(1) This Act applies to the Isles of Stilly 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

(1) In this Act " local housing authority "—

(a) in relation to England and Wales, has the meaning given by section 1 of the [1985 c. 68.] Housing Act 1985, and

(b) in relation to Scotland, means an islands or district council.

(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 islands area or the district, as the case may be.

105 Members of a person's family

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

(a) he is the spouse of that person, or he and that person live together as husband and wife, or

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

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

(a) a relationship by marriage shall be treated as a relationship 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.

106 Minor definitions-general

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

• " bank " means—

  (a)

  a recognised bank within the meaning of the [1979 c. 37.] Banking Act 1979, or

  (b)

  a company as to which the Secretary of State was satisfied immediately before the repeal of the [1963 c. 16.] Protection of Depositors Act 1963 that it ought to be treated as a banking company or discount company for the purposes of that Act;

• " the Companies Act" means the [1985 c. 6.] 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;

• " friendly society " means a friendly society or branch of a friendly society registered under the [1974 c. 46.] 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;

• " housing activities, in relation to a registered housing association, means all its activities in pursuance of the objects, powers or purposes by reference to which it is to be regarded as a housing association and as eligible for registration;

• " insurance company" means an insurance company to which Part II of the [1982 c. 50.] Insurance Companies Act 1982 applies;

• " local authority" means a county, district, or London borough council, the Common Council of the City of London or the Council of the Isles of Stilly and in sections 84(5) and 85(4) includes the Inner London Education Authority and a joint authority established by Part IV of the [1985 c. 51.] Local Government Act 1985 ;

• " new town corporation " means the Commission for the New Towns or a development corporation within the meaning of the [1981 c. 64.] 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;

• " trustee savings bank " means a trustee savings bank registered under the [1981 c. 65.] Trustee Savings Banks Act 1981 or earlier legislation;

• " urban development corporation" means an urban development corporation established under Part )(VI of the [1980 c. 65.] Local Government, Planning and Land Act 1980.

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

• " bank " has the same meaning as in subsection (1);

• " charge " includes a heritable security ;

• " the Companies Act" has the same meaning as in subsection (1);

• " dwelling " means a house;

• "friendly society" has the same meaning as in subsection (1);

• " heritable security " means any security capable of being constituted over any interest in land by disposition or assignation of that interest 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;

• " housing activities " has the same meaning as in subsection (1);

• " insurance company" has the same meaning as in subsection (1);

• "local authority" means an islands council or district council;

• " 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 [1968 c. 16.] New Towns (Scotland) Act 1968 ;

• " shared ownership lease" has the same meaning as in subsection (1);

• " trustee savings bank " has the same meaning as in subsection (1).

Final provisions

107 Short title, commencement and extent

(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,

• section 4(3)(g),

• section 8(2) and (3),

• sections 11 and 12,

• section 17(4),

• section 18,

• section 20,

• section 31,

• sections 34 to 36,

• section 38,

• sections 44 and 45,

• section 52(1)(d) and (e), (3) and (4),

• section 58,

• section 67,

• section 69(3),

• section 81,

• sections 84 and 85,

• section 103,

• 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—

• 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.