Housing and Regeneration Act 2008

181 Interpretation: “publicly funded” E+W

(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.

[F1 (2A) Condition 2 is that—

(a) the dwelling was provided wholly or partly by a person using an amount for purposes for which the amount was required to be used by an HCA direction under section 32(4), and

(b) before giving the direction the HCA notified the person that any dwelling so provided would be regarded as publicly funded.]

(3) Condition [F2 3] is that the dwelling was provided wholly or partly by using sums in the disposal proceeds fund of—

(a) a [F3 private registered provider], or

(b) a registered social landlord.

[F4 (3A) In relation to a private registered provider, the reference in subsection (3) to its disposal proceeds fund is to its disposal proceeds fund before the abolition of that fund by Part 3 of Schedule 4 to the Housing and Planning Act 2016.]

(4) Condition [F5 4] is that —

(a) the dwelling was acquired by a [F6 private 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 [F5 4] is not satisfied if the dwelling was acquired in pursuance of a contract made, or option created, before 1st April 1997.

(6) Condition [F7 5] 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 [F8 by the Welsh Ministers] that the dwelling was to be regarded as funded by means of such a grant.

Textual Amendments

F1 S. 181(2A) inserted (6.4.2017) by Housing and Planning Act 2016 (c. 22), s. 216(3), Sch. 4 para. 34(2); S.I. 2017/75, reg. 4

F2 Word in s. 181(3) substituted (6.4.2017) by Housing and Planning Act 2016 (c. 22), s. 216(3), Sch. 4 para. 34(3); S.I. 2017/75, reg. 4

F3 Words 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)

F4 S. 181(3A) inserted (6.4.2017) by Housing and Planning Act 2016 (c. 22), s. 216(3), Sch. 4 para. 34(4); S.I. 2017/75, reg. 4

F5 Word in s. 181(4)(5) substituted (6.4.2017) by Housing and Planning Act 2016 (c. 22), s. 216(3), Sch. 4 para. 34(5); S.I. 2017/75, reg. 4

F6 Words 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)

F7 Word in s. 181(6) substituted (6.4.2017) by Housing and Planning Act 2016 (c. 22), s. 216(3), Sch. 4 para. 34(6); S.I. 2017/75, reg. 4

F8 Words in s. 181(6)(b) substituted (26.1.2019) by Abolition of the Right to Buy and Associated Rights (Wales) Act 2018 (anaw 1), s. 11(3)(4), Sch. 1 para. 6(5); S.I. 2018/100, art. 2(b) (with art. 3) (with savings in S.I. 2019/110, reg. 5)

Commencement Information

I1 S. 181 in force at 1.4.2010 by S.I. 2010/862, art. 2 (with Sch.)