Housing and Regeneration Act 2008

3 (1) The Leasehold Reform, Housing and Urban Development Act 1993 is amended as follows. E+W

(2) Omit section 135 (programmes for disposals of dwelling-houses by local authorities).

(3) In section 136 (levy on disposals) for subsection (14) substitute—

“(14) In this section—

• “the 1989 Act” means the Local Government and Housing Act 1989;

• “dwelling-house” has the same meaning as in Part 5 of the 1985 Act except that it does not include a hostel (as defined in section 622 of that Act) or any part of a hostel;

• “local authority” has the meaning given by section 4 of that Act;

• “long lease” means a lease for a term of years certain exceeding 21 years other than a lease which is terminable before the end of that term by notice given by or to the landlord;

• “subsidiary” has the same meaning as in section 61 of the Housing Act 1996 but as if references in subsection (2) of that section and section 60 of that Act to registered social landlords and landlords were references to housing associations (within the meaning of the Housing Associations Act 1985).

(15) For the purposes of this section—

(a) a disposal of any dwelling-house is to be disregarded if at the time of the disposal the local authority's interest in the dwelling-house is or was subject to a long lease;

(b) two persons are associates of each other if—

(i) one of them is a subsidiary of the other;

(ii) they are both subsidiaries of some other person; or

(iii) there exists between them such relationship or other connection as may be specified in a determination made by the Secretary of State; and

(c) a description of authority may be framed by reference to any circumstances whatever.”

(4) Omit section 137(1) to (3) (disposals: transitional provisions in relation to section 135).

(5) The reference to the Secretary of State in subsection (15) of section 136 of the Act of 1993, as inserted by sub-paragraph (3) above, is to be read in the same way as other references to the Secretary of State in that section of that Act.

Commencement Information

I1 Sch. 14 para. 3 in force at 1.12.2008 by S.I. 2008/3068, art. 4(1)(c) (with arts. 6-13)