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Housing Act 1985
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Changes to legislation:
Housing Act 1985, Section 28 is up to date with all changes known to be in force on or before 01 December 2024. There are changes that may be brought into force at a future date. Changes that have been made appear in the content and are referenced with annotations.
Changes to Legislation
Revised legislation carried on this site may not be fully up to date. Changes and effects are recorded by our editorial team in lists which can be found in the ‘Changes to Legislation’ area. Where those effects have yet to be applied to the text of the legislation by the editorial team they are also listed alongside the legislation in the affected provisions. Use the ‘more’ link to open the changes and effects relevant to the provision you are viewing.
Changes and effects yet to be applied to Section 28:
- Act savings and transitional provisions for amendments by S.I. 2022/1166 by S.I. 2022/1172 Regulations
- s. 81A-81D and cross-heading inserted by 2016 c. 22 Sch. 7 para. 4 (This provision is amended by 2021 c. 7, ss. 79(3), 90(6); S.I 2021/1038, reg. 3(c))
- s. 81B(1)(b) words inserted by 2018 c. 11 s. 1(3)
- s. 81B(2A)-(2C) inserted by 2018 c. 11 s. 1(2)
- s. 82(A1)(A2) inserted by 2016 c. 22 s. 119(2)(a)
- s. 82A(4A)(4B) inserted by 2016 c. 22 Sch. 7 para. 7(2)
- s. 86(1A)(1B) inserted by 2016 c. 22 Sch. 7 para. 10(3)
- s. 86(1C) inserted by 2016 c. 22 Sch. 8 para. 2
- s. 86A-86F and cross-headings inserted by 2016 c. 22 Sch. 7 para. 11
- s. 86G s. 86A renumbered as s. 86G by 2016 c. 22 Sch. 8 para. 3(1)(a)
- s. 86G(8) inserted by 2016 c. 22 Sch. 8 para. 3(2)
- s. 88(1)(ba) inserted by 2016 c. 22 Sch. 8 para. 4
- s. 89(2A)-(2D) inserted by 2016 c. 22 Sch. 8 para. 5(3)
- s. 97(1A) inserted by 2016 c. 22 Sch. 7 para. 12(3)
- s. 99A(1A) inserted by 2016 c. 22 Sch. 7 para. 13(3)
- s. 115(3)-(7) inserted by 2024 c. 22 Sch. 9 para. 4(a)(ii)
- s. 115B 115C inserted by 2016 c. 22 Sch. 7 para. 15
- s. 115B 115C inserted by 2016 c. 22 Sch. 7 para. 15
- s. 582(6)(aa)-(ac) substituted for s. 582(6)(a) by 2023 c. 55 Sch. 18 para. 4(2)(b)
- Sch. 1 para. 1ZA and cross-heading inserted by 2016 c. 22 Sch. 7 para. 17(2)
- Sch. 5A para. 3(3)(aa) inserted by 2023 c. 55 Sch. 18 para. 4(3)(b)(ii)
- Sch. 5A para. 3(6A) inserted by 2023 c. 55 Sch. 18 para. 4(3)(d)
- specified provision(s) savings for amendments by 2018 anaw 1, s. 6, Sch. 6 by S.I. 2019/110 reg. 5
Changes and effects yet to be applied to the whole Act associated Parts and Chapters:
- Act savings and transitional provisions for amendments by S.I. 2022/1166 by S.I. 2022/1172 Regulations
Whole provisions yet to be inserted into this Act (including any effects on those provisions):
- s. 81A-81D and cross-heading inserted by 2016 c. 22 Sch. 7 para. 4 (This provision is amended by 2021 c. 7, ss. 79(3), 90(6); S.I 2021/1038, reg. 3(c))
- s. 81B(1)(b) words inserted by 2018 c. 11 s. 1(3)
- s. 81B(2A)-(2C) inserted by 2018 c. 11 s. 1(2)
- s. 82(A1)(A2) inserted by 2016 c. 22 s. 119(2)(a)
- s. 82A(4A)(4B) inserted by 2016 c. 22 Sch. 7 para. 7(2)
- s. 86(1A)(1B) inserted by 2016 c. 22 Sch. 7 para. 10(3)
- s. 86(1C) inserted by 2016 c. 22 Sch. 8 para. 2
- s. 86A-86F and cross-headings inserted by 2016 c. 22 Sch. 7 para. 11
- s. 86G s. 86A renumbered as s. 86G by 2016 c. 22 Sch. 8 para. 3(1)(a)
- s. 86G(8) inserted by 2016 c. 22 Sch. 8 para. 3(2)
- s. 88(1)(ba) inserted by 2016 c. 22 Sch. 8 para. 4
- s. 89(2A)-(2D) inserted by 2016 c. 22 Sch. 8 para. 5(3)
- s. 97(1A) inserted by 2016 c. 22 Sch. 7 para. 12(3)
- s. 99A(1A) inserted by 2016 c. 22 Sch. 7 para. 13(3)
- s. 115(3)-(7) inserted by 2024 c. 22 Sch. 9 para. 4(a)(ii)
- s. 115B 115C inserted by 2016 c. 22 Sch. 7 para. 15
- s. 115B 115C inserted by 2016 c. 22 Sch. 7 para. 15
- s. 582(6)(aa)-(ac) substituted for s. 582(6)(a) by 2023 c. 55 Sch. 18 para. 4(2)(b)
- Sch. 1 para. 1ZA and cross-heading inserted by 2016 c. 22 Sch. 7 para. 17(2)
- Sch. 5A para. 3(3)(aa) inserted by 2023 c. 55 Sch. 18 para. 4(3)(b)(ii)
- Sch. 5A para. 3(6A) inserted by 2023 c. 55 Sch. 18 para. 4(3)(d)
28 Reserve powers to provide housing accommodation.E+W
(1)County councils [F1in England] have the following reserve powers in relation to the provision of housing accommodation.
(2)They may undertake any activity for the purposes of, or incidental to, establishing the needs of the whole or a part of the county with respect to the provision of housing accommodation.
(3)If requested to do so by one or more local housing authorities for districts within the county, they may, with the consent of the Secretary of State, undertake on behalf of the authority or authorities the provision of housing accommodation in any manner in which they might do so.
(4)With the approval of the Secretary of State given on an application made by them, they may undertake the provision of housing accommodation in any manner in which a local housing authority for a district within the county might do so.
(5)The Secretary of State shall not give his consent under subsection (3) or his approval under subsection (4) except after consultation with the local housing authorities who appear to him to be concerned; and his consent or approval may be made subject to such conditions and restrictions as he may from time to time specify and, in particular, may include conditions with respect to—
(a)the transfer of the ownership and management of housing accommodation provided by the county council to the local housing authority, and
(b)the recovery by the county council from local housing authorities of expenditure incurred by the county council in providing accommodation.
(6)Before a county council by virtue of subsection (3) or (4) exercise outside the county any power under this Part they shall give notice to the council of the county in which they propose to exercise the power; but failure to give notice does not invalidate the exercise of the power.
Textual Amendments
F1Words in s. 28(1) inserted (1.4.1996) by 1994 c. 19. s. 22(2), Sch. 8 para. 5(6) (with ss. 54(5)(7), 55(5), Sch. 17 paras. 22(1), 23(2)); S.I. 1996/396, art. 3, Sch. 1
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