Housing Act 1985

573 Meaning of “public sector authority”. E+W

(1) In this Part “public sector authority” means—

• a local authority (or a predecessor of a local authority),

• a joint board of which every constituent member is, or is appointed by, a local authority (or a predecessor of a local authority),

• [F1 a National Park authority (or a predecessor of such an authority),]

• F2 . . .

• F2 . . .

• [F3 a Welsh planning board,]

• [F4 the Natural Resources Body for Wales,]

• [F5 the National Rivers Authority]

• the [F6 Relevant Authority],

  [F7 a non-profit registered provider of social housing other than a co-operative housing association (or a predecessor housing association of such a provider),]

• a [F8 registered social landlord] other than a co-operative housing association (or a predecessor housing association of such [F8 a landlord]),

• a new town corporation,

• F9 . . .

• the [F10 British Coal Corporation][F11 , the Coal Authority], or

• the United Kingdom Atomic Energy Authority,

• or a body corporate or housing association specified by order of the Secretary of State in accordance with the following provisions.

[F12 (1A) For the purposes of subsection (1), “ a Welsh planning board ” means a board constituted under—

(a) section 2(1B) of the Town and Country Planning Act 1990; F13 . . .

F13 ( b ) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .]

(2) The Secretary of State may provide that a body corporate shall be treated as a public sector authority if he is satisfied—

(a) that the affairs of the body are managed by its members, and

(b) that its members hold office by virtue of appointment (to that or another office) by a Minister of the Crown under an enactment,

or if he is satisfied that it is a subsidiary of such a body.

(3) The Secretary of State may provide that a housing association shall be treated as a public sector authority if he is satisfied that the objects or powers of the association include the provision of housing accommodation for individuals employed at any time by a public sector authority or dependants of such individuals.

(4) Where the Secretary of State is satisfied that a body or association met the requirements of subsection (2) or (3) during any period, he may, whether or not he makes an order in respect of the body or association under that subsection, provide that is shall be treated as having been a public sector authority during that period.

(5) If the Secretary of State is satisfied that a body or association specified in an order under subsection (2) or (3) has ceased to meet the requirements of that subsection on any date, he may by order provide that it shall be treated as having ceased to be a public sector authority on that date.

(6) An order under this section shall be made by statutory instrument.

Textual Amendments

F1 Entry in s. 573(1) inserted (23.11.1995) by 1995 c. 25, s. 78, Sch. 10 para. 24(3) (with ss. 7(6), 115, 117, Sch. 8 para. 7); S.I. 1995/2950, art. 2(1)

F2 Entries in s. 573(1) repealed (1.4.1997) by 1995 c. 25, s. 120(3), Sch. 24 (with ss. 7(6), 115, 117); S.I. 1996/2560, art. 2

F3 Entry in s. 573(1) inserted (1.4.1996) by 1994 c. 19, s. 20(4), Sch. 6 Pt. II para. 19 (with ss. 54(5)(7), 55(5)); S.I. 1996/396, art. 3

F4 Entry in s. 573(1) inserted (1.4.2013) by The Natural Resources Body for Wales (Functions) Order 2013 (S.I. 2013/755), art. 1(2), Sch. 2 para. 184 (with Sch. 7)

F5 Entry substituted by Water Act 1989 (c. 15, SIF 130), ss. 58(7), 101(1), 141(6), 160(1)(2)(4), 163, 189(4)–(10), 190(1), 193(1), Sch. 25 para. 74(1), Sch. 26 paras. 3(1)(2), 17, 40(4), 57(6), 58

F6 Words in s. 573(1) substituted (1.11.1998) by 1998 c. 38, s. 140, Sch. 16 para. 5 (with ss. 139(2), 141(1), 143(2)); S.I. 1998/2244, art. 5

F7 Entry in s. 573(1) inserted (1.4.2010) by The Housing and Regeneration Act 2008 (Consequential Provisions) Order 2010 (S.I. 2010/866), art. 1(2), Sch. 2 para. 36 (with art. 6, Sch. 3)

F8 Words in s. 573(1) substituted (1.10.1996) by S.I. 1996/2325, art. 5(1), Sch. 2 para. 14(29)

F9 Entry in s. 573(1) repealed (1.10.1998) by 1998 c. 38, s. 152, Sch. 18 Pt. IV (with ss. 137(1), 139(2), 141(1), 143(2)); S.I. 1998/2244, art. 4

F10 Words in s. 573(1) substituted by Coal Industry Act 1987 (c. 3, SIF 86), s. 1(2), Sch. 1 para. 47

F11 Words in s. 573(1) inserted (31.10.1994) by 1994 c. 21, s. 67(1), Sch. 9 para. 33 (with ss. 40(7), 66); S.I. 1994/2553, art. 2

F12 S. 573(1A) inserted (1.4.1996) by 1994 c. 19, s. 20(4), Sch. 6 Pt. II para. 19 (with ss. 54(5)(7), 55(5)); S.I. 1996/396, art. 3

F13 S. 573(1A)(b) and the word “or” immediately preceding it repealed (1.4.1997) by 1995 c. 25, s. 120(3), Sch. 24 (with ss. 7(6), 115, 117); S.I. 1996/2560, art. 2

Modifications etc. (not altering text)

C1 S. 573(1) explained by Housing (Consequential Provisions) Act 1985 (c. 71, SIF 61), s. 5(1), Sch. 3 para. 5(3)

C2 S. 573(1) excluded (8.5.2017) by The Greater Manchester Combined Authority (Transfer of Police and Crime Commissioner Functions to the Mayor) Order 2017 (S.I. 2017/470), art. 1(2), Sch. 2 para. 9