Housing and Regeneration Act 2008

Chapter 1 E+W General

Modifications etc. (not altering text)

C1 Pt. 1 Chs. 1, 2 applied (with modifications) (23.12.2016) by The Greater Manchester Combined Authority (Functions and Amendment) Order 2016 (S.I. 2016/1267), arts. 1(2), 8(5)(6), Sch. 2

C2 Pt. 1 Chs. 1, 2 applied (with modifications) (9.2.2017) by The West of England Combined Authority Order 2017 (S.I. 2017/126), arts. 1(3), 21(5), Sch. 4

1 Establishment and constitution E+W

(1) There shall be a body corporate known as the Homes and Communities Agency (“the HCA”).

(2) Schedule 1 (which makes further provision about the HCA) has effect.

Commencement Information

I1 S. 1 in force at 8.9.2008 by S.I. 2008/2358, art. 2(1)

2 Objects E+W

(1) The objects of the HCA are—

(a) to improve the supply and quality of housing in England,

(b) to secure the regeneration or development of land or infrastructure in England,

(c) to support in other ways the creation, regeneration or development of communities in England or their continued well-being, and

(d) to contribute to the achievement of sustainable development and good design in England,

with a view to meeting the needs of people living in England.

[F1 (1A) It is also an object of the HCA to facilitate the exercise through its Regulation Committee of the functions conferred on the HCA—

(a) as the regulator by virtue of Part 2 (regulation of social housing), or

(b) as the Regulator of Social Housing by virtue of any other enactment or instrument.]

(2) In subsection (1)—

• [F2 “ England ” does not include Greater London;]

• “ good design ” includes design which has due regard to the needs of elderly persons and disabled persons,

• “ needs ” includes future needs,

and the reference to improving the supply of housing includes a reference to improving the supply of particular kinds of housing.

(3) In this Part—

• “ building ” means a building or other structure (including a house-boat or caravan),

• “ caravan ” has the meaning given by section 29(1) of the Caravan Sites and Control of Development Act 1960 (c. 2),

• “ housing ” means a building, or part of a building, occupied or intended to be occupied as a dwelling or as more than one dwelling; and includes a hostel which provides temporary residential accommodation,

• “ infrastructure ” includes—

  (a)

  water, electricity, gas, telecommunications, sewerage or other services,

  (b)

  roads or other transport facilities,

  (c)

  retail or other business facilities,

  (d)

  health, educational, employment or training facilities,

  (e)

  social, religious or recreational facilities,

  (f)

  cremation or burial facilities, and

  (g)

  community facilities not falling within paragraphs (a) to (f),

• “ land ” includes housing or other buildings (and see also the definition in Schedule 1 to the Interpretation Act 1978 (c. 30)),

and references to housing include (where the context permits) any yard, garden, outhouses and appurtenances belonging to, or usually enjoyed with, the building or part of building concerned.

(4) See also sections 19(5) (financial assistance), 44 (local government involvement) and 52 (role of the HCA in relation to certain former functions of the Commission for the New Towns).

Textual Amendments

F1 S. 2(1A) inserted (1.4.2012) by Localism Act 2011 (c. 20), s. 240(2), Sch. 16 para. 2; S.I. 2012/628, art. 6(i) (with arts. 9 11 14 15 17)

F2 Words in s. 2(2) inserted (1.4.2012) by Localism Act 2011 (c. 20), ss. 189(2), 240(2); S.I. 2012/628, art. 6(f) (with arts. 9 11 14 15 17)

Commencement Information

I2 S. 2 in force at 8.9.2008 by S.I. 2008/2358 , art. 2(1)

3 Principal powers E+W

The HCA may do anything it considers appropriate for the purposes of its objects or for purposes incidental to those purposes.

Commencement Information

I3 S. 3 in force at 8.9.2008 by S.I. 2008/2358, art. 2(1)

4 Powers: general E+W

(1) This Part contains various specific powers of the HCA.

(2) The specific powers of the HCA (whether contained in this Part or elsewhere) are to be exercised for the purposes of its objects or for purposes incidental to those purposes.

(3) Each power may be exercised separately or together with, or as part of, another power.

(4) Each power does not limit the scope of another power.

(5) Each power does not limit the scope of the powers conferred by section 3.

(6) But—

(a) subsections (2) and (3) do not apply to the HCA in its capacity as a local planning authority by virtue of sections 13 and 14 or in its exercise of other functions by virtue of those sections,

[F3 (aa) subsections (2) to (5) do not apply to the powers conferred on the HCA—

(i) as the regulator by virtue of Part 2 (but see section 92I (exercise of functions)), or

(ii) as the Regulator of Social Housing by virtue of any other enactment or instrument, and]

[F4 (aa) subsection (2) does not apply to the exercise of a function by the HCA in consequence of an authorisation under section 38 of the Greater London Authority Act 1999 (delegation by Mayor),] and

(b) the powers conferred by section 3 must not be used to override a restriction imposed on the exercise of a specific power.

Textual Amendments

F3 S. 4(6)(aa) substituted for word (1.4.2012) by Localism Act 2011 (c. 20), s. 240(2), Sch. 16 para. 3; S.I. 2012/628, art. 6(i) (with arts. 9 11 14 15 17)

F4 S. 4(6)(aa) inserted (1.4.2012) by Localism Act 2011 (c. 20), s. 240(2), Sch. 19 para. 47; S.I. 2012/628, art. 6(i) (with arts. 9 11 14 15 17)

Commencement Information

I4 S. 4 in force at 8.9.2008 for specified purposes by S.I. 2008/2358, art. 2(1)

I5 S. 4 in force at 1.12.2008 for specified purposes by S.I. 2008/3068, art. 2(1)(a) (with arts. 6-13)

I6 S. 4 in force at 1.4.2010 in so far as not already in force by S.I. 2010/862, art. 2 (with Sch.)