Orders and determinationsE+W
52 General provisions as to orders.E+W
(1)The following provisions apply to any power of the Secretary of State under [F1section 2, 17, [F2 27A, ] 39, 51 or 55 or Schedule 2] to make an order.
(2)An order may make different provision for different cases or descriptions of case.
This includes power to make different provision for different bodies or descriptions of body, different provision for different housing activities and different provision for different areas.
(3)An order may contain such supplementary, incidental, consequential or transitional provisions and savings as the Secretary of State considers appropriate.
Textual Amendments
F1Words in s. 52(1) substituted (1.11.1998) by 1998 c. 38, s. 140, Sch. 16 para.91 (with ss. 139(2), 141(1), 143(2)); S.I. 1998/2244, art.5.
F2Word in s. 52(1) inserted (6.4.2006 for E.) by Housing Act 2004 (c. 34), s. 270(4)(5)(f), Sch. 15 para. 41; S.I. 2006/1060, art. 2(1)(d) (with Sch.)
53 General provisions as to determinations.E+W
(1)The following provisions apply to determinations of the [F3Housing Corporation] or the Secretary of State under this Part.
(2)A determination may make different provision for different cases or descriptions of case.
This includes power to make—
(a)different provision for different registered social landlords or descriptions of registered social landlord, and
(b)different provision for different housing activities and different provision for different areas;
and for the purposes of paragraph (b) descriptions may be framed by reference to any matters whatever, including in particular, in the case of housing activities, the manner in which they are financed.
(3)In this Part a general determination means a determination which does not relate solely to a particular case.
(4)Before making a general determination, the [F3Housing Corporation] or the Secretary of State shall consult such bodies appearing to them to be representative of registered social landlords as they consider appropriate.
(5)After making a general determination, the [F3Housing Corporation] or the Secretary of State shall publish the determination in such manner as they consider appropriate for bringing the determination to the notice of the landlords concerned.
Textual Amendments
F3Words in s. 53(1)(4)(5) substituted (1.11.1998) by 1998 c. 38, s. 140, Sch. 16 para.92 (with ss. 139(2), 141(1), 143(2)); S.I. 1998/2244, art.5.
Modifications etc. (not altering text)
C1S. 53: transfer of functions (1.12.2008) by The Transfer of Housing Corporation Functions (Modifications and Transitional Provisions) Order 2008 (S.I. 2008/2839), arts. 1(1), 2
C2S. 53 modified (1.12.2008) by The Transfer of Housing Corporation Functions (Modifications and Transitional Provisions) Order 2008 (S.I. 2008/2839), arts. 1(1), 3, Sch. para. 5 (with art. 6)
54 Determinations of the [Housing Corporation] requiring approval.E+W
The [F4Housing Corporation shall not make—
(a)a general determination under paragraph 16 of Schedule 1 (accounting and audit requirements for registered social landlords) or section 18 (social housing grant), or
(b)any determination under section 27 (recovery, &c. of social housing grants),[F5or
(c)any determination under section 27B (transfer of property funded by grants under section 27A),]
except with the approval of the Secretary of State.]
Textual Amendments
F4Words in s. 54 substituted (1.11.1998) by 1998 c. 38, s. 140, Sch. 16 para.93 (with ss. 139(2), 141(1), 143(2)); S.I. 1998/2244, art.5.
F5S. 54(c) and word inserted (6.4.2006 for E., 16.6.2006 for W.) by Housing Act 2004 (c. 34), s. 270(4)(5)(f), Sch. 15 para. 42; S.I. 2006/1060, art. 2(1)(d) (with Sch.); S.I. 2006/1535, art. 2(b) (with Sch.)
Modifications etc. (not altering text)
C3S. 54: transfer of functions (1.12.2008) by The Transfer of Housing Corporation Functions (Modifications and Transitional Provisions) Order 2008 (S.I. 2008/2839), arts. 1(1), 2
C4S. 54 modified (1.12.2008) by The Transfer of Housing Corporation Functions (Modifications and Transitional Provisions) Order 2008 (S.I. 2008/2839), arts. 1(1), 3, Sch. para. 5 (with art. 6)