PART I INTRODUCTORY PROVISIONS

Other authorities and bodies

4 Other descriptions of authority.

F11

In this Act—

a

housing authority” means a local housing authority F2or a new town corporation;

b

new town corporation” means a development corporation or the F3new towns residuary body;

c

development corporation” means a development corporation established by an order made, or having effect as if made, under the M1New Towns Act 1981;

d

urban development corporation” means an urban development corporation established under Part XVI of the M2Local Government, Planning and Land Act 1980;

C1e

local authority” means a county, F4county borough, district or London borough council, the Common Council of the City of London or the Council of the Isles of Scilly F5, in sections 43, 44 and 232 includes the Broads AuthorityF6, in sections 438, 441, 442, 443 and 458 includes the Broads Authority F7, a joint authority established by Part 4 of the Local Government Act 1985, F8an economic prosperity board, a combined authorityF36, a fire and rescue authority created by an order under section 4A of the Fire and Rescue Services Act 2004F34...F37and the London Fire Commissioner, and in sections 45(2)(b), 50(2), 51(6), 80(1), 157(1), 171(2), F9. . ., 573(1), paragraph 2(1) of Schedule 1, grounds 7 and 12 in Schedule 2, ground 5 in Schedule 3, paragraph 7(1) of Schedule 4, paragraph 5(1)(b) of Schedule 5 and Schedule 16 includes F10. . . F11the Broads AuthorityF6, a F31police and crime commissioner Act 1996,. . . F12. . . F13. . . F10. . . F14, a joint authority established by Part 4 of the Local Government Act 1985, F8an economic prosperity board, a combined authority F36, a fire and rescue authority created by an order under section 4A of the Fire and Rescue Services Act 2004 ,F34... F37and the London Fire Commissioner .

F15f

housing action trust ” means a housing action trust established under Part III of the Housing Act 1988

F16g

new towns residuary body ” means—

i

in relation to England, the Homes and Communities Agency so far as exercising functions in relation to anything transferred (or to be transferred) to it as mentioned in section 52(1)(a) to (d) of the Housing and Regeneration Act 2008F30or the Greater London Authority so far as exercising its new towns and urban development functions; and

ii

in relation to Wales, the Welsh Ministers so far as exercising functions in relation to anything transferred (or to be transferred) to them as mentioned in section 36(1)(a) (i) to (iii) of the New Towns Act 1981.

F172

In this section—

  • combined authority ” means a combined authority established under section 103 of the Local Democracy, Economic Development and Construction Act 2009;

  • economic prosperity board ” means an economic prosperity board established under section 88 of that Act;

  • F35...

5 Housing associations.

1

In this Act “housing association” means a society, body of trustees or company—

a

which is established for the purpose of, or amongst whose objects or powers are included those of, providing, constructing, improving or managing, or facilitating or encouraging the construction or improvement of, housing accommodation, and

b

which does not trade for profit or whose constitution or rules prohibit the issue of capital with interest or dividend exceeding such rate as may be prescribed by the Treasury, whether with or without differentiation as between share and loan capital.

2

In this Act “fully mutual”, in relation to a housing association, means that the rules of the association—

a

restrict membership to persons who are tenants or prospective tenants of the association, and

b

preclude the granting or assignment of tenancies to persons other than members;

and “co-operative housing association” means a fully mutual housing association which is a F32registered society within the meaning of the Co-operative and Community Benefit Societies Act 2014.

3

In this Act “self-build society” means a housing association whose object is to provide, for sale to, or occupation by, its members, dwellings built or improved principally with the use of its members’ own labour.

C2F18F264

In this Act “registered social landlord” means a housing association registered in the register maintained under section 1 of the Housing Act 1996, subject as follows.

5

References to registered social landlords include, where the context so permits, references to housing associations registered in the register maintained by Scottish Homes under section 3 of the Housing Associations Act 1985 (Scottish registered housing associations).

6 Housing trusts.

In this Act “housing trust” means a corporation or body of persons which—

a

is required by the terms of its constituent instrument to use the whole of its funds, including any surplus which may arise from its operations, for the purpose of providing housing accommodation, or

b

is required by the terms of its constituent instrument to devote the whole, or substantially the whole, of its funds for charitable purposes and in fact uses the whole, or substantially the whole, of its funds for the purpose of providing housing accommodation.

C3F19 6A The Corporation

1

In this Act “the F20Relevant Authority” means the F27Regulator of Social Housing, F21the Secretary of State or Scottish Homes, subject as follows.

2

In relation to a housing association which is—

a

a registered charity which has its address for the purposes of registration by the F22Charity Commission in Wales,

b

a F33registered society within the meaning of the Co-operative and Community Benefit Societies Act 2014 which has its registered office for the purposes of that Act in Wales, or

c

a company F23registered under the Companies Act 2006 which has its registered office for the purposes of that Act in Wales,

“the F20Relevant Authority” means F21the Secretary of State.

3

In relation to a housing association which is a F33 registered society within the meaning of the Co-operative and Community Benefit Societies Act 2014 which has its registered office for the purposes of that Act in Scotland, “the F20Relevant Authority” means Scottish Homes.

4

In relation to any other housing association which is a registered charity, a F33registered society within the meaning of the Co-operative and Community Benefit Societies Act 2014 or a company F23registered under the Companies Act 2006, “the F20Relevant Authority” means the F28Regulator of Social Housing.

F244A

This section is subject to any provision made elsewhere in this Act.

5

In this section “registered charity” means a charity which is registered F29in accordance with section 30 of the Charities Act 2011F25. . . .