Housing Associations Act 1985

Directions as to disposal of land securing loan E+W+S

2 (1) The [F1 Regulator of Social Housing] may F2 ... give the association directions with respect to the disposal of land belonging to the association in which the [F1 Regulator of Social Housing] 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 F3 ... .

[F4 (3) The written consent of the Secretary of State is required for the giving, varying or revoking of directions by the [F5 Regulator of Social Housing].]

Textual Amendments

F1 Words in Sch. 7 para. 2(1) substituted (1.4.2010) by The Housing and Regeneration Act 2008 (Consequential Provisions) Order 2010 (S.I. 2010/866), art. 1(2), Sch. 2 para. 57(3) (with art. 6, Sch. 3)

F2 Words in Sch. 7 para. 2(1) repealed (1.11.1998) by 1998 c. 38, ss. 140, 152, Sch. 16 para. 53(2)(a), Sch. 18 Pt.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

F3 Words in Sch. 7 para. 2(2) repealed (1.11.1998) by 1998 c. 38, ss. 140, 152, Sch. 16 para. 53(2)(b), Sch. 18 Pt.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

F4 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

F5 Words in Sch. 7 para. 2(3) substituted (1.4.2010) by The Housing and Regeneration Act 2008 (Consequential Provisions) Order 2010 (S.I. 2010/866), art. 1(2), Sch. 2 para. 57(4) (with art. 6, Sch. 3)

3 E+W+S Where the [F6 Regulator of Social Housing] proposes to give a housing association directions under paragraph 2 requiring the association to transfer to the [F6 Regulator of Social Housing] 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 F7 ....

Textual Amendments

F6 Words in Sch. 7 para. 3 substituted (1.4.2010) by The Housing and Regeneration Act 2008 (Consequential Provisions) Order 2010 (S.I. 2010/866), art. 1(2), Sch. 2 para. 57(5)(a) (with art. 6, Sch. 3)

F7 Words in Sch. 7 para. 3 repealed (E.W.) (1.4.2010) by The Housing and Regeneration Act 2008 (Consequential Provisions) Order 2010 (S.I. 2010/866), art. 1(2), Sch. 2 para. 57(5)(b), Sch. 4 (with art. 6, Sch. 3)

4 [F8 (1)] Where the [F9 Regulator of Social Housing] 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 [F9 Regulator of Social Housing], 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

F10 (2) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F8 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

F9 Words in Sch. 7 para. 4 substituted (1.4.2010) by The Housing and Regeneration Act 2008 (Consequential Provisions) Order 2010 (S.I. 2010/866), art. 1(2), Sch. 2 para. 57(6)(a) (with art. 6, Sch. 3)

F10 Sch. 7 para. 4(2) repealed (E.W.) (1.4.2010) by The Housing and Regeneration Act 2008 (Consequential Provisions) Order 2010 (S.I. 2010/866), art. 1(2), Sch. 2 para. 57(6)(b), Sch. 4 (with art. 6, Sch. 3)