Housing and Regeneration Act 2008

31 (1) Schedule 10 (additional provisions as to transfer to Commission of property of development corporation) is amended as follows. E+W

(2) In the heading, omit “to Commission”.

(3) In paragraph 1—

(a) for “Commission”, wherever appearing, substitute “ relevant transferee ”, and

(b) in sub-paragraph (2)(c), for “, to the member” to the end substitute “—

(i) in a case where the relevant transferee is the Homes and Communities Agency, to the member or member of staff of the Agency who corresponds as nearly as may be to the member or officer in question of the corporation; and

(ii) in a case where the relevant transferee is the Welsh Ministers, to the member of staff of the Welsh Ministers who corresponds as mentioned in sub-paragraph (i) above.”

(4) In paragraph 2—

(a) for “Secretary of State”, wherever appearing, substitute “ appropriate national authority ”, and

(b) for “Commission”, wherever appearing, substitute “ relevant transferee ”.

(5) In paragraph 3—

(a) in sub-paragraph (1) for “Commission” substitute “ relevant transferee ”,

(b) in sub-paragraph (3)(a) for “Commission” substitute “ relevant transferee ”, and

(c) in sub-paragraph (3)(c)—

(i) for “where the development” substitute “ where, in the case of a development corporation established by the Secretary of State, the ”, and

(ii) for “Commission” substitute “ Homes and Communities Agency ”.

(6) Omit paragraph 4.

(7) In paragraph 5—

(a) omit sub-paragraph (1), and

(b) for sub-paragraph (2) substitute—

“(2) Sub-paragraph (3) applies if, in the case of a development corporation established by the Secretary of State, the liabilities of the corporation for—

(a) the repayment of advances under section 58(1) above; or

(b) the payment of interest on such advances;

are transferred to the Homes and Communities Agency.

(3) The following provisions apply to those advances—

(a) section 61(2); and

(b) section 66(1) but as if the reference to any payment under section 63 or 65 above were a reference to any sum received by the Secretary of State under section 25(2) of the Housing and Regeneration Act 2008.”

Commencement Information

I1 Sch. 5 para. 31 in force at 1.12.2008 by S.I. 2008/3068, art. 2(1)(v)(2) (with arts. 6-13)