- Y Diweddaraf sydd Ar Gael (Diwygiedig)
- Pwynt Penodol mewn Amser (01/04/2016)
- Gwreiddiol (Fel y'i Deddfwyd)
Version Superseded: 23/12/2016
Point in time view as at 01/04/2016.
Housing and Regeneration Act 2008, Part 3 is up to date with all changes known to be in force on or before 30 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.
Changes and effects yet to be applied by the editorial team are only applicable when viewing the latest version or prospective version of legislation. They are therefore not accessible when viewing legislation as at a specific point in time. To view the ‘Changes to Legislation’ information for this provision return to the latest version view using the options provided in the ‘What Version’ box above.
16(1)The Secretary of State and the appropriate Minister may by order provide for an extension or modification of the functions of particular statutory undertakers if conditions 1 and 2 are met.E+W
(2)Condition 1 is that the statutory undertakers have made representations on the subject to the Secretary of State and the appropriate Minister.
(3)Condition 2 is that the Secretary of State and the appropriate Minister consider it appropriate to extend or modify the functions of the statutory undertakers—
(a)to secure the provision of services which—
(i)would not otherwise be provided, or
(ii)would not otherwise be satisfactorily provided,
in relation to relevant land, or
(b)to facilitate an adjustment of the carrying on of the undertaking necessitated by any of the acts and events mentioned in sub-paragraph (4).
(4)The acts and events are—
(a)the acquisition by the HCA under this Part of this Act of any land—
(i)in which an interest was held for the purpose of carrying on the undertaking concerned, or
(ii)which was used for that purpose, and
(b)the extinguishment of a right, or the imposition of any requirement, by virtue of Part 1 of this Schedule.
(5)In this Part of this Schedule “relevant land” means land in respect of which any of the functions of the HCA under this Part of this Act are being, or have been, exercised.
Commencement Information
I1Sch. 4 para. 16 in force at 1.12.2008 by S.I. 2008/3068, art. 2(1)(g) (with arts. 6-13)
17(1)The Secretary of State and the appropriate Minister may by order provide for an extension or modification of the functions of particular statutory undertakers if conditions 1 and 2 are met.E+W
(2)Condition 1 is that the HCA has made representations on the subject to the Secretary of State and the appropriate Minister.
(3)Condition 2 is that the Secretary of State and the appropriate Minister consider it appropriate to extend or modify the functions of the statutory undertakers to secure—
(a)the provision of new services in relation to relevant land, or
(b)the extension of existing services in relation to such land.
Commencement Information
I2Sch. 4 para. 17 in force at 1.12.2008 by S.I. 2008/3068, art. 2(1)(g) (with arts. 6-13)
18(1)An order under paragraph 16 or 17 may, in particular—E+W
(a)give power to statutory undertakers—
(i)to acquire (whether compulsorily or by agreement) any land specified in the order, or
(ii)to erect or construct any buildings or works specified in the order,
(b)apply, in relation to the acquisition of any such land or the erection or construction of any such buildings or works, enactments relating to the acquisition of land or the erection or construction of buildings or works.
(2)An order under paragraph 16 which is for the purposes mentioned in sub-paragraph (3)(a) of that paragraph or an order under paragraph 17 may, in particular, give effect to any financial arrangements—
(a)agreed between the HCA and the statutory undertakers, or
(b)in the absence of agreement, decided to be equitable in such manner, and by such tribunal, as may be specified in the order.
Commencement Information
I3Sch. 4 para. 18 in force at 1.12.2008 by S.I. 2008/3068, art. 2(1)(g) (with arts. 6-13)
19(1)Statutory undertakers must, as soon as possible after making representations of the kind mentioned in paragraph 16(2), publish a notice—E+W
(a)giving such particulars as the Secretary of State and the appropriate Minister may direct of the matters to which the representations relate,
(b)specifying the time within which objections to the making of an order as a result of the representations may be made, and
(c)specifying the manner in which objections to the making of such an order may be made.
(2)The notice must be published in such form and manner as the Secretary of State and the appropriate Minister may direct.
(3)The statutory undertakers must also serve a copy of the notice on such persons, or descriptions of persons, as the Secretary of State and the appropriate Minister may direct if the Secretary of State and the appropriate Minister direct that a copy is to be served.
Commencement Information
I4Sch. 4 para. 19 in force at 1.12.2008 by S.I. 2008/3068, art. 2(1)(g) (with arts. 6-13)
20(1)The HCA must, as soon as possible after making representations of the kind mentioned in paragraph 17(2), publish a notice—E+W
(a)giving such particulars as the Secretary of State and the appropriate Minister may direct of the matters to which the representations relate,
(b)specifying the time within which objections to the making of an order as a result of the representations may be made, and
(c)specifying the manner in which objections to the making of such an order may be made.
(2)The notice must be published in such form and manner as the Secretary of State and the appropriate Minister may direct.
(3)The HCA must also serve a copy of the notice on such persons, or descriptions of persons, as the Secretary of State and the appropriate Minister may direct if the Secretary of State and the appropriate Minister direct that a copy is to be served.
Commencement Information
I5Sch. 4 para. 20 in force at 1.12.2008 by S.I. 2008/3068, art. 2(1)(g) (with arts. 6-13)
21(1)The Secretary of State and the appropriate Minister must proceed under paragraph 22 if—E+W
(a)an objection to the making of an order under paragraph 16 or 17 is properly made and not withdrawn, and
(b)the matter is not otherwise dealt with.
(2)For the purposes of sub-paragraph (1) an objection is properly made if (and only if)—
(a)it is made—
(i)within the time, and
(ii)in the manner,
stated in the notice under paragraph 19(1) or (as the case may be) 20(1), and
(b)a written statement of the grounds of the objection is comprised in, or submitted with, the objection.
(3)For the purposes of sub-paragraph (1) the matter is otherwise dealt with if (and only if) the Secretary of State and the appropriate Minister—
(a)decide, irrespective of the objection, not to make the order, or
(b)decide to make a modification which is agreed to by the objector as meeting the objection.
Commencement Information
I6Sch. 4 para. 21 in force at 1.12.2008 by S.I. 2008/3068, art. 2(1)(g) (with arts. 6-13)
22(1)The Secretary of State and the appropriate Minister must, before making a final decision, consider the grounds of the objection as set out in the statement comprised in, or submitted with, the objection.E+W
(2)The Secretary of State and the appropriate Minister may require the objector to submit within a specified period a further written statement as to any of the matters to which the objection relates.
Commencement Information
I7Sch. 4 para. 22 in force at 1.12.2008 by S.I. 2008/3068, art. 2(1)(g) (with arts. 6-13)
23(1)The Secretary of State and the appropriate Minister must, before making a final decision, give the objector an opportunity to appear before, and be heard by, a person appointed for the purpose by the Secretary of State and the appropriate Minister.E+W
(2)The Secretary of State and the appropriate Minister must give an opportunity of appearing and being heard on the same occasion to—
(a)the statutory undertakers or (as the case may be) the HCA as a result of whose representations the order is proposed to be made, and
(b)any other persons whom the Secretary of State and the appropriate Minister consider ought to be given the opportunity,
if the objector takes advantage of the opportunity mentioned in sub-paragraph (1).
(3)Sub-paragraphs (1) and (2) do not apply so far as the Secretary of State and the appropriate Minister have the power to proceed under paragraph 24 or 25.
Commencement Information
I8Sch. 4 para. 23 in force at 1.12.2008 by S.I. 2008/3068, art. 2(1)(g) (with arts. 6-13)
24E+WThe Secretary of State and the appropriate Minister may treat the objection as irrelevant for the purpose of making a final decision—
(a)if the Secretary of State and the appropriate Minister have considered the grounds of the objection as set out in the original statement and in any further statement, and
(b)so far as the Secretary of State and the appropriate Minister are satisfied that the objection relates to a matter which can be dealt with in the assessment of compensation.
Commencement Information
I9Sch. 4 para. 24 in force at 1.12.2008 by S.I. 2008/3068, art. 2(1)(g) (with arts. 6-13)
25E+WThe Secretary of State and the appropriate Minister may make a final decision without further investigation as to the matters to which the objection relates if—
(a)the Secretary of State and the appropriate Minister—
(i)have considered the grounds of the objection as set out in the original statement and in any further statement, and
(ii)are satisfied that, for the purpose of making a final decision, sufficient information is available as to the matters to which the objection relates, or
(b)a further statement has been required under paragraph 22(2) but is not submitted within the specified period.
Commencement Information
I10Sch. 4 para. 25 in force at 1.12.2008 by S.I. 2008/3068, art. 2(1)(g) (with arts. 6-13)
26(1)The Secretary of State and the appropriate Minister must cause a public local inquiry to be held in relation to an objection under this Part of this Schedule if the Secretary of State and the appropriate Minister consider that the matters to which the objection relates are such as to require investigation by such an inquiry before the Secretary of State and the appropriate Minister make a final decision.E+W
(2)The duty in sub-paragraph (1) is effective despite any other provisions of this Part of this Schedule.
(3)The other provisions of this Part of this Schedule are to be ignored if, when the Secretary of State and the appropriate Minister decide to cause an inquiry to be held, effect has not been given to them.
Commencement Information
I11Sch. 4 para. 26 in force at 1.12.2008 by S.I. 2008/3068, art. 2(1)(g) (with arts. 6-13)
27E+WOrders under paragraph 16 or 17 are subject to special parliamentary procedure.
Commencement Information
I12Sch. 4 para. 27 in force at 1.12.2008 by S.I. 2008/3068, art. 2(1)(g) (with arts. 6-13)
The Whole Act 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.
Would you like to continue?
The Whole Act you have selected contains over 200 provisions and might take some time to download.
Would you like to continue?
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.
Would you like to continue?
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.
Would you like to continue?
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.
Would you like to continue?
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