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Housing Associations Act 1985

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Changes over time for: Section 9

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Version Superseded: 01/11/1998

Status:

Point in time view as at 01/10/1996. This version of this provision has been superseded. Help about Status

Changes to legislation:

There are currently no known outstanding effects for the Housing Associations Act 1985, Section 9. Help about Changes to Legislation

9 Control by [F1Corporation] of dispositions of land by housing associations.E+W+S

[F2[F3(1)Subject to section 10 and sections 81(7), [F4105(6)][F5, the consent of Scottish Homes] is required for any disposition of land by a registered housing association.]

(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, Housing for Wales.]

(2)[F6Consent 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 [F7consent] under this section is valid in favour of a person claiming under the association notwithstanding that [F7that 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).

[F8(4)Where at the time of its removal from the register under section 6(2) (removal of bodies no longer eligible for registration or defunct) a body owns land, this section continues to apply to that land after the removal as if the body concerned continued to be a registered housing association.]

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

[F9(6)References in this section to consent are references,—

(a)in the case of the Housing Corporation or Housing for Wales, to consent given by order under the seal of the Corporation; and

(b)in the case of Scottish Homes, to consent in writing.]

Textual Amendments

F3S. 9(1) 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.)

F4Word in s. 9(1) repealed (E.W.) (1.10.1996) by 1996 c. 52, s. 227, Sch. 19 Pt. IX; S.I. 1996/2402, art. 3 (subject to transitional provisions and savings in Sch.)

F5Words in s. 9(1) substituted (S.) (1.10.1996) by S.I. 1996/2325, art. 5(1), Sch. 2 para. 15(9)

F6Words in s. 9(2) substituted (1.10.1996) by S.I. 1996/2325, art. 15(1), Sch. 2 para. 15(10)

F8S. 9(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.)

Modifications etc. (not altering text)

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