The Housing and Regeneration Act 2008 (Commencement No. 4 and Transitory Provisions) Order 2009

Commencement of certain provisions of Part 1

2.—(1) The following provisions of Part 1 of the Act shall come into force on the commencement date—

(a) section 32 (recovery etc. of social housing assistance), for the purposes only of enabling the HCA to make a determination under subsection (1) or (8);

(b) section 33 (section 32: interest and successors in title), for the purposes only of enabling the HCA to make a determination under subsection (8);

(c) subject to paragraph (2), section 34 (determinations under sections 32 and 33);

(d) section 36 (information in relation to social housing); and

(e) section 58 (index of defined expressions: Part 1), so far as required for the interpretation of provisions commenced by this article.

(2) Where it is proposed that a general determination under section 32 or 33 is to relate to social housing assistance to be given to registered providers of social housing, and the consultation on such a determination starts before section 61 of the Act is in force, consultation with such bodies appearing to the HCA to represent the interests of registered social landlords as it considers appropriate shall be treated as satisfying the requirements of section 34(4) of the Act.

(3) In paragraph (2) “registered social landlord” means anyone who is registered under section 1 of the Housing Act 1996(1) (register of social landlords) and in relation to whom the Relevant Authority is the Regulator of Social Housing (in accordance with section 56 of that Act(2)).

(1)

c. 52.

(2)

Section 1 of the Housing Act 1996 is modified in this respect by the Transfer of Housing Corporation Functions (Modifications and Transitional Provisions) Order 2008 (SI 2008/2839), article 3 and the fifth paragraph of the Schedule.