Housing Act 1988

Vesting and acquisition of land E+W

76 Vesting by order in housing action trust. E+W

(1) Subject to subsections (2) and (3) below, the Secretary of State may by order provide that land specified in the order which is vested in statutory undertakers or any other public body or in a wholly-owned subsidiary of a public body shall vest in a housing action trust established or to be established for the designated area in which the land is situated.

(2) An order under this section may not specify land vested in statutory undertakers which is used for the purpose of carrying on their statutory undertakings or which is held for that purpose.

(3) In the case of land vested in statutory undertakers, the power to make an order under this section shall be exercisable by the Secretary of State and the appropriate Minister.

(4) Part I of Schedule 9 to this Act shall have effect for supplementing the preceding provisions of this section.

(5) An order under this section shall have the same effect as a declaration under the M1 Compulsory Purchase (Vesting Declarations) Act 1981 except that, in relation to such an order, the enactments mentioned in Part II of Schedule 9 to this Act shall have effect subject to the modifications specified in that Part.

(6) Compensation under the M2 Land Compensation Act 1961, as applied by subsection (5) above and Part II of Schedule 9 to this Act, shall be assessed by reference to values current on the date the order under this section comes into force.

[(6A) No order shall be made under this section in relation to a universal service provider (within the meaning of the Postal Services Act 2000).]

(7) An order under this section shall be made by statutory instrument but no such order shall be made unless a draft of it has been laid before, and approved by a resolution of, each House of Parliament.

Modifications etc. (not altering text)

C1 S. 76(6A) inserted (26.3.2001) by S.I. 2001/1149, art. 3(1), Sch. 1 para. 75(2)

Marginal Citations

M1 1981 c. 66.

M2 1961 c. 33.

77 Acquisition by housing action trust. E+W

(1) For the purposes of achieving its objects (and performing any of its functions), a housing action trust may acquire land within its designated area by agreement or, on being authorised to do so by the Secretary of State, compulsorily.

(2) A housing action trust may acquire (by agreement or, on being authorised to do so by the Secretary of State, compulsorily)—

(a) land adjacent to the designated area which the trust requires for purposes connected with the discharge of its functions in the area; and

(b) land outside the designated area (whether or not adjacent to it) which the trust requires for the provision of services in connection with the discharge of its functions in the area.

(3) Where a housing action trust exercises its powers under subsection (1) or subsection (2) above in relation to land which forms part of a common or open space or fuel or field garden allotment, the trust may acquire (by agreement or, on being authorised to do so by the Secretary of State, compulsorily) land for giving in exchange for the land acquired.

(4) Subject to section 78 below, the M3 Acquisition of Land Act 1981 shall apply in relation to the compulsory acquisition of land in pursuance of the preceding provisions of this section.

(5) A housing action trust may be authorised by the Secretary of State, by means of a compulsory purchase order, to purchase compulsorily such new rights as are specified in the order—

(a) being rights over land in the designated area and which the trust requires for the purposes of its functions;

(b) being rights over land adjacent to the designated area and which the trust requires for purposes connected with the discharge of its functions in the area; and

(c) being rights over land outside the designated area (whether or not adjacent to it) and which the trust requires for the provision of services in connection with the discharge of its functions in the area.

(6) In subsection (5) above—

(a) “new rights” means rights which are not in existence when the order specifying them is made; and

(b) “compulsory purchase order” has the same meaning as in the Acquisition of Land Act 1981;

and Schedule 3 to that Act shall apply to a compulsory purchase of a right by virtue of subsection (5) above.

(7) The provisions of Part I of the M4 Compulsory Purchase Act 1965 (so far as applicable), other than section 31, shall apply in relation to the acquisition of land by agreement under this section; and in that Part as so applied “land” has the meaning given by the M5 Interpretation Act 1978.

Marginal Citations

M3 1981 c. 67.

M4 1965 c. 56.

M5 1978 c. 30.

78 Supplementary provisions as to vesting, acquisition and compensation. E+W

(1) The M6 Acquisition of Land Act 1981, as applied by section 77 above, shall have effect subject to the modifications in Part I of Schedule 10 to this Act.

(2) The supplementary provisions in Parts II and III of that Schedule shall have effect, being,—

(a) as to those in Part II, provisions about land vested in or acquired by a housing action trust under this Part of this Act; and

(b) as to those in Part III, provisions about the acquisition by a housing action trust of rights over land under section 77(5) above.

(3) In Schedule 1 to the M7 Land Compensation Act 1961 (actual or prospective development which is not to be taken into account in assessing compensation in certain cases or the effect of which is to reduce compensation in certain cases of adjacent land in the same ownership), the following paragraph shall be added after the paragraph 4A inserted by section 145 of the M8 Local Government, Planning and Land Act 1980:

“4B Where any of the relevant land forms part of a housing action trust area established under Part III of the Housing Act 1988.

Development of any land other than the relevant land in the course of the development or re-development of the area as a housing action trust area.”

(4) In section 6 of the Land Compensation Act 1961 (disregard of actual or prospective development in certain cases) in subsection (1)(b) for “4A” there shall be substituted “4B”.

Marginal Citations

M6 1981 c. 67.

M7 1961 c. 33.

M8 1980 c. 65.