- Y Diweddaraf sydd Ar Gael (Diwygiedig)
- Pwynt Penodol mewn Amser (15/01/2012)
- Gwreiddiol (Fel y'i Deddfwyd)
Point in time view as at 15/01/2012.
Housing and Regeneration Act 2008, Chapter 5 is up to date with all changes known to be in force on or before 05 September 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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Textual Amendments
F1Words in Pt. 2 Ch. 5 inserted (1.4.2010) by The Housing and Regeneration Act 2008 (Registration of Local Authorities) Order 2010 (S.I. 2010/844), art. 1(2), Sch. 1 para. 34
This Chapter makes provision about the disposal of property by [F2private registered providers].
Textual Amendments
F2Words in s. 170 substituted (1.4.2010) by The Housing and Regeneration Act 2008 (Registration of Local Authorities) Order 2010 (S.I. 2010/844), art. 1(2), Sch. 1 para. 35
Commencement Information
I1S. 170 in force at 1.4.2010 by S.I. 2010/862, art. 2 (with Sch.)
(1)A [F3private registered provider] may dispose of land.
(2)But a non-profit registered provider may dispose of the landlord's interest under a secure tenancy only to another non-profit registered provider [F4or to a local authority which is a registered provider].
(3)Subsection (1) is subject to the following provisions of this Chapter (which include provisions requiring the regulator's consent for certain disposals).
Textual Amendments
F3Words in s. 171(1) substituted (1.4.2010) by The Housing and Regeneration Act 2008 (Registration of Local Authorities) Order 2010 (S.I. 2010/844), art. 1(2), Sch. 1 para. 36(a)
F4Words in s. 171(2) inserted (1.4.2010) by The Housing and Regeneration Act 2008 (Registration of Local Authorities) Order 2010 (S.I. 2010/844), art. 1(2), Sch. 1 para. 36(b)
Commencement Information
I2S. 171 in force at 1.4.2010 by S.I. 2010/862, art. 2 (with Sch.)
(1)Disposal of a dwelling by a [F5private registered provider] requires the regulator's consent if the dwelling is social housing.
(2)The regulator shall not consent to a disposal by a non-profit registered provider which it thinks is being made with a view to enabling the provider to distribute assets to members.
(3)Consent is not required under this section if the disposal falls within an exception listed in section 173.
Textual Amendments
F5Words in s. 172(1) substituted (1.4.2010) by The Housing and Regeneration Act 2008 (Registration of Local Authorities) Order 2010 (S.I. 2010/844), art. 1(2), Sch. 1 para. 37
Commencement Information
I3S. 172 in force at 1.4.2010 by S.I. 2010/862, art. 2 (with Sch.)
(1)This section lists exceptions to the requirement of consent in section 172.
(2)Exception 1 is that consent is not required for disposal by a registered provider by way of—
(a)an assured tenancy,
(b)an assured agricultural occupancy,
(c)an arrangement that would be an assured tenancy or an assured agricultural occupancy but for any of paragraphs 4 to 8, 12(1)(h) and 12ZA to 12B of Schedule 1 to the Housing Act 1988 (c. 50) (exclusions),
(d)a secure tenancy, or
(e)an arrangement that would be a secure tenancy but for any of paragraphs 2 to 12 of Schedule 1 to the Housing Act 1985 (c. 68) (exclusions).
(3)Exception 2 is that consent is not required for a disposal for which consent is required under—
(a)section 81 or 133 of the Housing Act 1988, or
(b)section 173 of the Local Government and Housing Act 1989 (c. 42).
(4)Exception 3 is that consent is not required for a disposal under Part V of the Housing Act 1985 (right to buy).
(5)Exception 4 is that consent is not required for a disposal in pursuance of a tenant's right to acquire under—
(a)section 180, or
(b)section 16 of the Housing Act 1996 (c. 52) (tenant's right to acquire social housing in Wales).
Commencement Information
I4S. 173 in force at 1.4.2010 by S.I. 2010/862, art. 2 (with Sch.)
(1)Consent may be—
(a)general, or
(b)specific (whether as to particular registered providers, as to particular property, as to particular forms of disposal or in any other way).
(2)Consent may be retrospective.
(3)Consent may be expressed by reference to a policy for disposals submitted by a registered provider.
(4)Consent may be conditional.
(5)Before giving consent the regulator must consult—
(a)the HCA,
(b)one or more bodies appearing to it to represent the interests of [F6private registered providers],
[F7(ba)any body for the time being nominated under section 278A,]
and
(c)one or more[F8other] bodies appearing to it to represent the interests of tenants.
(6)Subsection (5) does not apply to specific consent relating only to one or more particular registered providers or properties.
Textual Amendments
F6Words in s. 174(5)(b) substituted (1.4.2010) by The Housing and Regeneration Act 2008 (Registration of Local Authorities) Order 2010 (S.I. 2010/844), art. 1(2), Sch. 1 para. 38
F7S. 174(5)(ba) inserted (12.11.2009) by Local Democracy, Economic Development and Construction Act 2009 (c. 20), ss. 26(3)(a), 148(1)(c)
F8Word in s. 174(5)(c) inserted (12.11.2009) by Local Democracy, Economic Development and Construction Act 2009 (c. 20), ss. 26(3)(b), 148(1)(c)
Commencement Information
I5S. 174(1)-(4) in force at 1.4.2010 by S.I. 2010/862, art. 2 (with Sch.)
I6S. 174(5)(6) in force at 8.9.2008 by S.I. 2008/2358, art. 3(1) (with art. 3(3)(4))
(1)A purported disposal by a [F9private registered provider] is void if—
(a)it requires the regulator's consent, and
(b)the regulator has not given consent.
(2)But subsection (1) does not apply to a disposal by a non-profit registered provider to one or more individuals (“the buyer”) if—
(a)the disposal is of a single dwelling, and
(b)the registered provider reasonably believes at the time of the disposal that the buyer intends to use the property as the buyer's principal residence.
Textual Amendments
F9Words in s. 175(1) substituted (1.4.2010) by The Housing and Regeneration Act 2008 (Registration of Local Authorities) Order 2010 (S.I. 2010/844), art. 1(2), Sch. 1 para. 39
Commencement Information
I7S. 175 in force at 1.4.2010 by S.I. 2010/862, art. 2 (with Sch.)
(1)If a non-profit registered provider disposes of land other than a dwelling which is social housing it shall notify the regulator as soon as is reasonably practicable.
(2)The regulator may give a direction dispensing with the notification requirement.
(3)Section 174(1) and (3) to (6) applies to a direction under this section as it applies to consent under section 172.
Commencement Information
I8S. 176 in force at 1.4.2010 by S.I. 2010/862, art. 2 (with Sch.)
(1)The accounts of a [F10private registered provider] must show its net disposal proceeds, as a separate “disposal proceeds fund”.
(2)The following are net disposal proceeds—
(a)net proceeds of sale to a tenant in pursuance of the right to acquire conferred by section 180,
(b)net proceeds of sale to a tenant in pursuance of the right to acquire conferred by section 16 of the Housing Act 1996 (c. 52),
(c)net proceeds of sale of property in respect of which a grant was made under section 21 of that Act,
(d)net proceeds of sale of property in respect of which a grant was made under section 19 of this Act in respect of discounts given by a registered provider on disposals of dwellings to tenants,
(e)grant received under section 20 or 21 of the 1996 Act,
(f)grant received under section 19 of this Act in respect of discounts given by a registered provider on disposals of dwellings to tenants,
(g)repayments of discount in respect of which grant was received under section 20 or 21 of the 1996 Act,
(h)repayments of discount in respect of which grant was received under section 19 of this Act in respect of discounts given by a registered provider on disposals of dwellings to tenants,
(i)other proceeds of sale specified by the regulator, and
(j)other grants specified by the regulator.
(3)The regulator shall determine amounts to be deducted in determining net proceeds of sale.
(4)The method of constituting the disposal proceeds fund and showing it in the accounts shall be in accordance with a direction of the regulator.
(5)Subsections (5) to (7) of section 127 apply to a direction under this section as to a direction under that section.
(6)Sections 141 and 142 apply in relation to a direction under this section as in relation to a direction under section 127.
(7)Interest shall be added to the fund in accordance with a determination made by the regulator.
(8)Where this section applies in relation to the proceeds of sale arising on a disposal, section 32 above, section 27 of the Housing Act 1996 (c. 52) and section 52 of the Housing Act 1988 (c. 50) do not apply.
Textual Amendments
F10Words in s. 177(1) substituted (1.4.2010) by The Housing and Regeneration Act 2008 (Registration of Local Authorities) Order 2010 (S.I. 2010/844), art. 1(2), Sch. 1 para. 40
Commencement Information
I9S. 177 in force at 1.4.2010 by S.I. 2010/862, art. 2 (with Sch.)
(1)Sums in a [F11private registered provider’s] disposal proceeds fund may be used or allocated only in accordance with a direction by the regulator.
(2)The regulator may give a direction only with the Secretary of State's approval.
(3)If at the end of a period specified by the regulator the disposal proceeds fund includes sums which have not been allocated in accordance with subsection (1), the regulator may require the registered provider to pay the sums to the HCA.
Textual Amendments
F11Words in s. 178(1) substituted (1.4.2010) by The Housing and Regeneration Act 2008 (Registration of Local Authorities) Order 2010 (S.I. 2010/844), art. 1(2), Sch. 1 para. 41
Commencement Information
I10S. 178 in force at 1.4.2010 by S.I. 2010/862, art. 2 (with Sch.)
(1)The following provisions of the Housing Act 1996 apply in relation to disposals of social housing by [F12private registered providers], with the modifications set out below (and any other necessary modifications).
(2)The provisions are—
(a)sections 11 to 12 (repayment of discount on disposal),
(b)sections 12A and 12B (landlord's right of first refusal),
(c)section 13 (disposal of property in National Park), and
(d)sections 14 and 15 (supplemental).
(3)In those provisions—
(a)references to a registered social landlord shall be treated as references to a [F13private registered provider],
(b)references to consent given by the Welsh Ministers under section 9 of the 1996 Act shall be treated as references to consent given by the regulator under section 172 of this Act,
(c)references to the Welsh Ministers in connection with a power to make orders or regulations shall be treated as references to the Secretary of State,
(d)in section 12(5)(b) of the 1996 Act the reference to the Welsh Ministers shall be treated as a reference to the HCA, and
(e)references to a resolution of the National Assembly for Wales shall be treated as references to a resolution of either House of Parliament.
(4)This section does not affect the continued application of the provisions listed in subsection (2) in relation to disposals made before this section comes into force.
Textual Amendments
F12Words in s. 179(1) substituted (1.4.2010) by The Housing and Regeneration Act 2008 (Registration of Local Authorities) Order 2010 (S.I. 2010/844), art. 1(2), Sch. 1 para. 42(a)
F13Words in s. 179(3)(a) substituted (1.4.2010) by The Housing and Regeneration Act 2008 (Registration of Local Authorities) Order 2010 (S.I. 2010/844), art. 1(2), Sch. 1 para. 42(b)
Commencement Information
I11S. 179 in force at 1.4.2010 by S.I. 2010/862, art. 2 (with Sch.)
(1)The tenant of a dwelling in England has a right to acquire the dwelling if—
(a)the landlord is a [F14private registered provider] or a registered social landlord,
(b)the tenancy is within subsection (2),
(c)the provision of the dwelling was publicly funded,
(d)the dwelling has remained in the social rented sector ever since that provision, and
(e)the tenant satisfies any qualifying conditions applicable under Part V of the Housing Act 1985 (c. 68) (as it applies by virtue of section 184).
(2)A tenancy is within this subsection if it is—
(a)an assured tenancy, other than F15... a long tenancy, or
(b)a secure tenancy.
[F16(2A)The Secretary of State may by regulations provide that an assured shorthold tenancy of a description specified in the regulations is not a tenancy within subsection (2).]
(3)The reference in subsection (1)(a) to a [F17private registered provider] includes—
(a)a person who provided the dwelling in fulfilment of a condition imposed by the HCA when giving assistance to the person;
(b)a person who provided the dwelling wholly or partly by means of a grant under section 27A of the Housing Act 1996 (c. 52).
Textual Amendments
F14Words in s. 180(1)(a) substituted (1.4.2010) by The Housing and Regeneration Act 2008 (Registration of Local Authorities) Order 2010 (S.I. 2010/844), art. 1(2), Sch. 1 para. 43(a)
F15Words in s. 180(2)(a) repealed (15.1.2012 for specified purposes, 1.4.2012 in so far as not already in force) by Localism Act 2011 (c. 20), ss. 165(2), 240(2), Sch. 25 Pt. 23 (with s. 165(4)); S.I. 2012/57, art. 4(1)(r) (with arts. 6 7 9-11); S.I. 2012/628, art. 6(c) (with arts. 9 11 14 15 17)
F16S. 180(2A) inserted (15.1.2012 for specified purposes, 1.4.2012 in so far as not already in force) by Localism Act 2011 (c. 20), ss. 165(3), 240(2) (with s. 165(4)); S.I. 2012/57, art. 4(1)(r) (with arts. 6 7 9-11); S.I. 2012/628, art. 6(c) (with arts. 9 11 14 15 17)
F17Words in s. 180(3) substituted (1.4.2010) by The Housing and Regeneration Act 2008 (Registration of Local Authorities) Order 2010 (S.I. 2010/844), art. 1(2), Sch. 1 para. 43(b)
Commencement Information
I12S. 180 in force at 1.4.2010 by S.I. 2010/862, art. 2 (with Sch.)
(1)The provision of a dwelling was publicly funded if any of the following conditions is satisfied.
(2)Condition 1 is that—
(a)the dwelling was provided by a person in fulfilment of a condition imposed by the HCA when giving assistance to the person, and
(b)before giving the assistance the HCA notified the person that if it did so the provision of the dwelling would be regarded as publicly funded.
(3)Condition 2 is that the dwelling was provided wholly or partly by using sums in the disposal proceeds fund of—
(a)a [F18private registered provider], or
(b)a registered social landlord.
(4)Condition 3 is that —
(a)the dwelling was acquired by a [F19private registered provider], or a registered social landlord, on a disposal by a public sector landlord,
(b)the disposal was made on or after 1st April 1997, and
(c)at the time of the disposal the dwelling was capable of being let as a separate dwelling.
(5)Condition 3 is not satisfied if the dwelling was acquired in pursuance of a contract made, or option created, before 1st April 1997.
(6)Condition 4 is that—
(a)the dwelling was provided wholly or partly by means of a grant under section 18 or 27A of the Housing Act 1996 (c. 52), and
(b)when the grant was made the recipient was notified under section 16(4) of that Act that the dwelling was to be regarded as funded by means of such a grant.
Textual Amendments
F18Words in s. 181(3)(a) substituted (1.4.2010) by The Housing and Regeneration Act 2008 (Registration of Local Authorities) Order 2010 (S.I. 2010/844), art. 1(2), Sch. 1 para. 44(a)
F19Words in s. 181(4)(a) substituted (1.4.2010) by The Housing and Regeneration Act 2008 (Registration of Local Authorities) Order 2010 (S.I. 2010/844), art. 1(2), Sch. 1 para. 44(b)
Commencement Information
I13S. 181 in force at 1.4.2010 by S.I. 2010/862, art. 2 (with Sch.)
(1)This section applies for the purposes of determining whether a dwelling has remained in the social rented sector.
(2)A dwelling shall be treated as having remained in the social rented sector for any period during which—
(a)the freeholder was a person within subsection (3), and
(b)each leaseholder was either a person within that subsection or an individual holding otherwise than under a long tenancy.
(3)A person is within this subsection if the person is—
(a)a [F20private registered provider],
(b)a registered social landlord, or
(c)a public sector landlord.
(4)A dwelling provided wholly or partly by means of a grant under section 27A of the Housing Act 1996 shall also be treated as having remained in the social rented sector for any period during which it was used exclusively for permitted purposes by—
(a)the recipient of the grant, or
(b)any person treated as the recipient by virtue of section 27B of that Act.
(5)“Permitted purposes” are purposes for which the grant was made and any other purposes agreed by the Housing Corporation or the HCA.
(6)Where a lease of a dwelling has been granted to a former freeholder in pursuance of paragraph 3 of Schedule 9 to the Leasehold Reform, Housing and Urban Development Act 1993 (c. 28) (mandatory leaseback to former freeholder on collective enfranchisement) the reference in subsection (1)(a) above to the freeholder shall be construed as a reference to the leaseholder under that lease.
Textual Amendments
F20Words in s. 182(3)(a) substituted (1.4.2010) by The Housing and Regeneration Act 2008 (Registration of Local Authorities) Order 2010 (S.I. 2010/844), art. 1(2), Sch. 1 para. 45
Commencement Information
I14S. 182 in force at 1.4.2010 by S.I. 2010/862, art. 2 (with Sch.)
(1)The definitions in this section apply to sections 180 to 182.
(2)The HCA gives “assistance” to a person if it—
(a)transfers housing or other land to the person,
(b)provides infrastructure to the person, or
(c)gives financial assistance to the person,
and for this purpose “infrastructure” has the same meaning as in Part 1.
(3)References to a “registered social landlord” are to a body which, at the time to which the reference relates, was a registered social landlord within the meaning of Part 1 of the Housing Act 1996 (c. 52) as it then had effect.
(4)“Leaseholder” does not include a mortgagee.
(5)“Long tenancy” has the same meaning as in Part V of the Housing Act 1985 (c. 68).
(6)A person provides a dwelling if the person—
(a)acquires, constructs, converts, improves or repairs housing or other land for use as a dwelling, or
(b)ensures such acquisition, construction, conversion, improvement or repair by another.
(7)“Public sector landlord” means anyone falling within section 80(1) of the Housing Act 1985.
Commencement Information
I15S. 183 in force at 1.4.2010 by S.I. 2010/862, art. 2 (with Sch.)
(1)Section 17 of the Housing Act 1996 (right to acquire: supplemental) applies in relation to the right to acquire under section 180 of this Act with the modifications set out below.
(2)The modifications are as follows—
(a)references to the right to acquire under section 16 of the 1996 Act shall be treated as references to the right to acquire under section 180 of this Act,
(b)references to the Welsh Ministers shall be treated as references to the Secretary of State,
(c)the reference to registered social landlords shall be treated as a reference to [F21private registered providers], and
(d)the reference to a resolution of the National Assembly for Wales shall be treated as a reference to a resolution of either House of Parliament.
Textual Amendments
F21Words in s. 184(2)(c) substituted (1.4.2010) by The Housing and Regeneration Act 2008 (Registration of Local Authorities) Order 2010 (S.I. 2010/844), art. 1(2), Sch. 1 para. 46
Commencement Information
I16S. 184 in force at 1.4.2010 by S.I. 2010/862, art. 2 (with Sch.)
(1)In section 16 of the Housing Act 1996 (right to acquire)—
(a)for subsection (1) substitute—
“(1)The tenant of a dwelling in Wales has a right to acquire the dwelling if—
(a)the landlord is a registered social landlord or a registered provider of social housing,
(b)the tenancy is—
(i)an assured tenancy, other than an assured shorthold tenancy or a long tenancy, or
(ii)a secure tenancy,
(c)the dwelling was provided with public money and has remained in the social rented sector, and
(d)the tenant satisfies any further qualifying conditions applicable under Part V of the Housing Act 1985 (the right to buy) as it applies in relation to the right conferred by this section.”,
(b)in subsection (2)(c) after “registered social landlord” insert “ or a registered provider of social housing ”, and
(c)in subsection (3)(a) and (b)(ii) after “registered social landlord” insert “ , a registered provider of social housing ”.
(2)In section 16A(1) (extension of section 16 to dwellings funded by grants under section 27A) after the first “dwelling” insert “ in Wales ”.
(3)In section 20 (purchase grant where right to acquire exercised)—
(a)in subsection (1) after “landlords” insert “ and registered providers of social housing ”, and
(b)in subsection (4) after “landlord” insert “ or registered provider of social housing ”.
(4)In section 21 (purchase grant in respect of other disposals)—
(a)in subsection (1)—
(i)after “landlords” insert “ and registered providers of social housing ”, and
(ii)after “dwellings” insert “ in Wales ”,
(b)in subsection (2)—
(i)after “section 16” insert “ or by section 180 of the Housing and Regeneration Act 2008 ”, and
(ii)for “landlord's” substitute “ landlord or provider (as the case may be) ”, and
(c)in subsection (4) after “landlord” insert “ or registered provider of social housing ”.
Commencement Information
I17S. 185 in force at 1.4.2010 by S.I. 2010/862, art. 2 (with Sch.)
Where a person ceases to be a [F22private registered provider], sections 171 to 175 continue to apply in respect of any property owned by the person at any time when it was registered.
Textual Amendments
F22Words in s. 186 substituted (1.4.2010) by The Housing and Regeneration Act 2008 (Registration of Local Authorities) Order 2010 (S.I. 2010/844), art. 1(2), Sch. 1 para. 47
Commencement Information
I18S. 186 in force at 1.4.2010 by S.I. 2010/862, art. 2 (with Sch.)
(1)Where the regulator's consent is required for the disposal of a dwelling by [F23a private registered provider], sections 172 to 175 continue to apply in relation to a disposal of the land by the registered provider even if the land has ceased to be a dwelling.
(2)Sections 172 to 175 also apply in relation to a disposal of land by [F24a private registered provider] which would fall within Exception 2 or 3 of section 173 but for a change of use of the land by the registered provider.
Textual Amendments
F23Words in s. 187(1) substituted (1.4.2010) by The Housing and Regeneration Act 2008 (Registration of Local Authorities) Order 2010 (S.I. 2010/844), art. 1(2), Sch. 1 para. 48
F24Words in s. 187(2) substituted (1.4.2010) by The Housing and Regeneration Act 2008 (Registration of Local Authorities) Order 2010 (S.I. 2010/844), art. 1(2), Sch. 1 para. 48
Commencement Information
I19S. 187 in force at 1.4.2010 by S.I. 2010/862, art. 2 (with Sch.)
Section 39 of the Settled Land Act 1925 (c. 18) (disposal by trustees: best price etc.) shall not apply to the disposal of land by a [F25private registered provider].
Textual Amendments
F25Words in s. 188 substituted (1.4.2010) by The Housing and Regeneration Act 2008 (Registration of Local Authorities) Order 2010 (S.I. 2010/844), art. 1(2), Sch. 1 para. 49
Commencement Information
I20S. 188 in force at 1.4.2010 by S.I. 2010/862, art. 2 (with Sch.)
Nothing in this Chapter authorises a charity to effect a disposal which it would not otherwise have power to effect.
Commencement Information
I21S. 189 in force at 1.4.2010 by S.I. 2010/862, art. 2 (with Sch.)
The Secretary of State's functions under the following provisions are transferred to the regulator in so far as they relate to disposals by [F26private registered providers]—
(a)section 171D of the Housing Act 1985 (c. 68) (consent to certain disposals of housing subject to the preserved right to buy),
(b)sections 81 and 133 of the Housing Act 1988 (c. 50) (consent to certain disposals of housing obtained from housing action trusts or local authorities), and
(c)section 173 of the Local Government and Housing Act 1989 (c. 42) (consent to certain disposals of housing obtained from new town corporations).
Textual Amendments
F26Words in s. 190 substituted (1.4.2010) by The Housing and Regeneration Act 2008 (Registration of Local Authorities) Order 2010 (S.I. 2010/844), art. 1(2), Sch. 1 para. 50
Commencement Information
I22S. 190 in force at 1.4.2010 by S.I. 2010/862, art. 2 (with Sch.)
(1)In section 171D of the Housing Act 1985 (consent to certain disposals of housing obtained subject to the preserved right to buy)—
(a)in subsection (2) (consent) for “Secretary of State” substitute “ appropriate authority ”, and
(b)after that subsection insert—
“(2A)“The appropriate authority” means—
(a)in relation to a disposal of land in England by a registered provider of social housing, the Regulator of Social Housing,
(b)in relation to any other disposal of land in England, the Secretary of State, and
(c)in relation to a disposal of land in Wales, the Welsh Ministers.”
(2)In section 81 of the Housing Act 1988 (consent to certain disposals of housing obtained from housing action trusts)—
(a)in subsection (3) (consent) for “Secretary of State” substitute “ appropriate authority ”,
(b)after that subsection insert—
“(3A)In this section “the appropriate authority” means—
(a)in relation to a disposal of land in England by a registered provider of social housing, the Regulator of Social Housing,
(b)in relation to any other disposal of land in England, the Secretary of State, and
(c)in relation to a disposal of land in Wales, the Welsh Ministers.”,
(c)in subsection (5) (consultation of tenants) for “Secretary of State” substitute “ appropriate authority ”,
(d)in subsection (5)(a) for “himself” substitute “ itself ”, and
(e)omit subsection (6) (consultation of Housing Corporation).
(3)In section 133 of that Act (consent to certain disposals of housing obtained from local authorities)—
(a)in subsection (1) (consent) for “Secretary of State” substitute “ appropriate authority ”,
(b)after that subsection insert—
“(1ZA)In this section “the appropriate authority” means—
(a)in relation to a disposal of land in England by a registered provider of social housing, the Regulator of Social Housing,
(b)in relation to any other disposal of land in England, the Secretary of State, and
(c)in relation to a disposal of land in Wales, the Welsh Ministers.”,
(c)after subsection (1A) insert—
“(1B)This section does not apply to a disposal of land by a registered provider of social housing unless the land is social housing within the meaning of Part 2 of the Housing and Regeneration Act 2008.”,
(d)in subsection (3)(c) (modification of certain provisions applied for the purposes of section 133) after “this section,” insert “ any reference to the appropriate national body shall be construed as a reference to the appropriate authority and ”,
(e)in subsection (5) (consultation of tenants) for “Secretary of State” substitute “ appropriate authority ”,
(f)in subsection (5)(a) for “himself” substitute “ itself ”, and
(g)omit subsection (6) (consultation of Housing Corporation).
(4)In section 173 of the Local Government and Housing Act 1989 (c. 42) (consent to certain disposals of housing obtained from new town corporations)—
(a)in subsection (1)(a) (consent) for “Secretary of State” substitute “ appropriate authority ”,
(b)after subsection (1) insert—
“(1A)In this section “the appropriate authority” means—
(a)in relation to a disposal of land in England by a registered provider of social housing, the Regulator of Social Housing,
(b)in relation to any other disposal of land in England, the Secretary of State, and
(c)in relation to a disposal of land in Wales, the Welsh Ministers.”,
(c)in subsection (5) (consultation of tenants) for “Secretary of State” substitute “ appropriate authority ”,
(d)in subsection (5)(a) for “himself” substitute “ itself ”, and
(e)omit subsection (6) (consultation of Housing Corporation).
Commencement Information
I23S. 191 in force at 1.4.2010 by S.I. 2010/862, art. 2 (with Sch.)
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Y Ddeddf Gyfan you have selected contains over 200 provisions and might take some time to download. You may also experience some issues with your browser, such as an alert box that a script is taking a long time to run.
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Y Ddeddf Gyfan heb Atodlenni you have selected contains over 200 provisions and might take some time to download. You may also experience some issues with your browser, such as an alert box that a script is taking a long time to run.
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Y Rhestrau you have selected contains over 200 provisions and might take some time to download. You may also experience some issues with your browser, such as an alert box that a script is taking a long time to run.
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Y Diweddaraf sydd Ar Gael (diwygiedig):Y fersiwn ddiweddaraf sydd ar gael o’r ddeddfwriaeth yn cynnwys newidiadau a wnaed gan ddeddfwriaeth ddilynol ac wedi eu gweithredu gan ein tîm golygyddol. Gellir gweld y newidiadau nad ydym wedi eu gweithredu i’r testun eto yn yr ardal ‘Newidiadau i Ddeddfwriaeth’.
Gwreiddiol (Fel y’i Deddfwyd neu y’i Gwnaed): Mae'r wreiddiol fersiwn y ddeddfwriaeth fel ag yr oedd pan gafodd ei deddfu neu eu gwneud. Ni wnaed unrhyw newidiadau i’r testun.
Pwynt Penodol mewn Amser: This becomes available after navigating to view revised legislation as it stood at a certain point in time via Advanced Features > Show Timeline of Changes or via a point in time advanced search.
Rhychwant ddaearyddol: Indicates the geographical area that this provision applies to. For further information see ‘Frequently Asked Questions’.
Dangos Llinell Amser Newidiadau: See how this legislation has or could change over time. Turning this feature on will show extra navigation options to go to these specific points in time. Return to the latest available version by using the controls above in the What Version box.
Testun a grëwyd gan yr adran o’r llywodraeth oedd yn gyfrifol am destun y Ddeddf i esbonio beth mae’r Ddeddf yn ceisio ei wneud ac i wneud y Ddeddf yn hygyrch i ddarllenwyr nad oes ganddynt gymhwyster cyfreithiol. Cyflwynwyd Nodiadau Esboniadol ym 1999 ac maent yn cyd-fynd â phob Deddf Gyhoeddus ac eithrio Deddfau Adfeddiannu, Cronfa Gyfunol, Cyllid a Chyfnerthiad.
Gallwch wneud defnydd o ddogfennau atodol hanfodol a gwybodaeth ar gyfer yr eitem ddeddfwriaeth o’r tab hwn. Yn ddibynnol ar yr eitem ddeddfwriaeth sydd i’w gweld, gallai hyn gynnwys:
Impact Assessments generally accompany all UK Government interventions of a regulatory nature that affect the private sector, civil society organisations and public services. They apply regardless of whether the regulation originates from a domestic or international source and can accompany primary (Acts etc) and secondary legislation (SIs). An Impact Assessment allows those with an interest in the policy area to understand:
This timeline shows the different points in time where a change occurred. The dates will coincide with the earliest date on which the change (e.g an insertion, a repeal or a substitution) that was applied came into force. The first date in the timeline will usually be the earliest date when the provision came into force. In some cases the first date is 01/02/1991 (or for Northern Ireland legislation 01/01/2006). This date is our basedate. No versions before this date are available. For further information see the Editorial Practice Guide and Glossary under Help.
Defnyddiwch y ddewislen hon i agor dogfennau hanfodol sy’n cyd-fynd â’r ddeddfwriaeth a gwybodaeth am yr eitem hon o ddeddfwriaeth. Gan ddibynnu ar yr eitem o ddeddfwriaeth sy’n cael ei gweld gall hyn gynnwys:
liciwch ‘Gweld Mwy’ neu ddewis ‘Rhagor o Adnoddau’ am wybodaeth ychwanegol gan gynnwys