- Y Diweddaraf sydd Ar Gael (Diwygiedig)
- Pwynt Penodol mewn Amser (12/02/2018)
- Gwreiddiol (Fel y'i Deddfwyd)
Version Superseded: 15/08/2018
Point in time view as at 12/02/2018.
Housing Act 1996, Cross Heading: Treatment of disposal proceeds is up to date with all changes known to be in force on or before 29 August 2024. There are changes that may be brought into force at a future date. Changes that have been made appear in the content and are referenced with annotations.
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Modifications etc. (not altering text)
C1Pt. 1: The system of "registered social landlords" under this Part is replaced (8.9.2008 for specified purposes and 1.12.2008, 16.2.2009, 1.4.2009, 7.9.2009 and 1.4.2010 for further purposes) by Housing and Regeneration Act 2008 (c. 17), Pt. 2. This Part continues to apply in relation to Wales with certain provisions applied in relation to England and certain provisions preserved although they apply to England only, see s. 60 of the affecting Act; S.I. 2008/2358, art. 3; S.I. 2008/3068, art. 3 (with arts. 6-13); S.I. 2009/363, art. 2; S.I. 2009/803, art. 7; S.I. 2009/2096, art. 2(1); S.I. 2010/862, art. 2 (with Sch.)
(1)A registered social landlord shall show separately in its accounts for any period ending after the coming into force of this section its net disposal proceeds.
(2)The net disposal proceeds of a registered social landlord are—
(a)the net proceeds of sale received by it in respect of any disposal of land to a tenant—
(i)in pursuance of the right conferred by section 16 [F1above or section 180 of the Housing and Regeneration Act 2008] (right of tenant to acquire dwelling), or
(ii)in respect of which a grant was made under section 21 (purchase grant in respect of other disposals);[F2or
(iii)in respect of which a grant was made under section 19 of the Housing and Regeneration Act 2008 in respect of discounts given by it on the disposal to the tenant;]
(b)payments of grant received by it under section 20 or 21 (purchase grant);
[F3(ba)payments of grant received by it under section 19 of the Housing and Regeneration Act 2008 in respect of discounts given by it on disposals of dwellings to tenants;]
(c)where any [F4grant as mentioned in paragraph (b) or (ba)] has been paid to it, any repayments of discount in respect of which the grant was given; and
(d)such other proceeds of sale or payments of grant (if any) as [F5the Welsh Ministers] may from time to time determine.
(3)The net proceeds of sale means the proceeds of sale less an amount calculated in accordance with a determination by [F5the Welsh Ministers].
(4)The disposal proceeds shall be shown in a fund to be known as a disposal proceeds fund.
(5)The method of constituting the fund and showing it in the landlord’s accounts shall be as required by determination of [F5the Welsh Ministers] under paragraph 16 of Schedule 1 (general requirements as to accounts).
(6)Interest shall be added to the fund in accordance with a determination made by [F5the Welsh Ministers].
(7)Where this section applies in relation to the proceeds of sale arising on a disposal, section 27 below (recovery, &c. of social housing grants) and section 52 of the M1Housing Act 1988 (recovery, &c. of grants under that Act and earlier enactments) do not apply.
Textual Amendments
F1Words in s. 24(2)(a)(i) inserted (1.4.2010) by The Housing and Regeneration Act 2008 (Consequential Provisions) Order 2010 (S.I. 2010/866), art. 1(2), Sch. 2 para. 86 (with art. 6, Sch. 3)
F2S. 24(2)(a)(iii) and word inserted (1.4.2010) by The Housing and Regeneration Act 2008 (Consequential Provisions) Order 2010 (S.I. 2010/866), art. 1(2), Sch. 1 para. 7(a) (with art. 6, Sch. 3)
F3S. 24(2)(ba) inserted (1.4.2010) by The Housing and Regeneration Act 2008 (Consequential Provisions) Order 2010 (S.I. 2010/866), art. 1(2), Sch. 1 para. 7(b) (with art. 6, Sch. 3)
F4Words in s. 24(2)(c) substituted (1.4.2010) by The Housing and Regeneration Act 2008 (Consequential Provisions) Order 2010 (S.I. 2010/866), art. 1(2), Sch. 1 para. 7(c) (with art. 6, Sch. 3)
F5Words in Pt. I substituted (1.4.2010) by Housing and Regeneration Act 2008 (c. 17), ss. 61(7), 325(1); S.I. 2010/862, art. 2 (with Sch.)
Commencement Information
I1S. 24 wholly in force 1.4.1997; s. 24 not in force at Royal Assent see s. 232(3); s.24 in force for certain purposes at 1.8.1996 by S.I. 1996/2048, art. 3 and s. 24 in force at 1.4.1997 to the extent it is not already in force by S.I. 1997/618, art. 2
Marginal Citations
(1)The sums standing in the disposal proceeds account of a registered social landlord (“disposal proceeds”) may only be applied or appropriated by it for such purposes and in such manner as [F5the Welsh Ministers] may determine.
(2)If any disposal proceeds are not applied or appropriated as mentioned in subsection (1) within such time as is specified by determination of [F5the Welsh Ministers], [F5the Welsh Ministers] may direct that the whole or part of them shall be paid to it.
Textual Amendments
F5Words in Pt. I substituted (1.4.2010) by Housing and Regeneration Act 2008 (c. 17), ss. 61(7), 325(1); S.I. 2010/862, art. 2 (with Sch.)
Modifications etc. (not altering text)
C2S. 25 extended (16.9.1996) by S.I. 1996/2402, art. 3, Sch. para. 1
Commencement Information
I2S. 25 wholly in force 1.4.1997: s. 25 not in force at Royal Assent, see s. 232(1)-(3); s. 25 in force for certain purposes at 1.10.1996 by S.I. 1996/2402, art. 4 and s. 25 in force at 1.4.1997 to the extent it is not already in force by S.I. 1997/618, art. 2
(1)The [F6Relevant Authority] may give notice—
(a)to all registered social landlords,
(b)to registered social landlords of a particular description, or
(c)to particular registered social landlords,
requiring them to furnish it with such information as it may reasonably require in connection with the exercise of its functions under sections 24 and 25 (treatment of disposal proceeds).
(2)A notice under subsection (1)(a) or (b) may be given by publication in such manner as [F5the Welsh Ministers] considers appropriate for bringing it to the attention of the landlords concerned.
Textual Amendments
F5Words in Pt. I substituted (1.4.2010) by Housing and Regeneration Act 2008 (c. 17), ss. 61(7), 325(1); S.I. 2010/862, art. 2 (with Sch.)
F6Words in Pt. I substituted (1.11.1998) by 1998 c. 38, s. 140, Sch. 16 para. 82(1)(2) (with ss. 139(2), 141(1), 143(2)); S.I. 1998/2244, art.5.
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