PART XVI ASSISTANCE FOR OWNERS OF DEFECTIVE HOUSING

Assistance by way of repurchase

548 Repurchase by authority other than local housing authority.

(1)

Where the local housing authority give a notice of determination to a person stating that he is entitled to assistance by way of repurchase and they are of opinion that—

(a)

a relevant interest in the dwelling was disposed of by a public sector authority mentioned in column 1 of the following Table (or a predecessor mentioned there of such an authority),

(b)

there has been no disposal within paragraph (a) since the time of that disposal, and

(c)

any conditions mentioned in column 2 of the Table in relation to the authority are met,

they shall forthwith give that other authority a notice in writing, together with a copy of the notice of determination, stating that the authority may acquire in accordance with this Part, the interest of the person entitled to assistance.

Table

Public sector authority

Conditions

1. A registered housing association (other than a co-operative housing association) or a predecessor housing association of that association.

None

2. A development corporation.

No interests have at any time been transferred from the corporation in pursuance of a scheme made or having effect as if made under section 42 of the M1New Towns Act 1981 (transfer o housing to district council).

3. The Development Board for Rural Wales.

None

Another local housing authority or a predecessor of that authority.

The local housing authority provide housing accommodation in the vicinity of the defective dwelling with which the dwelling may conveniently be managed.

5. Any other public sector authority prescibed by order of the Secretary of State, or a predecessor so prescribed.

Any conditions prescribed in the order.

(2)

The other authority may, within the period of four weks beginning with the service of the notice on them, give notice in writing to the local housing authority—

(a)

stating that they wish to acquire the interest, and

(b)

specifying the address of the principal office of the authority and any other address which may also be used as an address for service;

and the local housing authority shall forthwith give to the person entitled to assistance a transfer notice, that is, a notice in writing of the contents of the notice received by them and the effect of subsection (3).

(3)

After a transfer notice has been given to the person entitled to assistance, the other authority shall be treated as the appropriate authority for the purposes of anything done or falling to be done under this Part, except that—

(a)

a request under paragraph 2 of Schedule 20 (request for notice of proposed terms of acquisition) may be made either to the local housing authority or to the other authority, and

(b)

any such request given to the local housing authority (whether before or after the notice) shall be forwarded by them to the other authority;

and references in this Part to “the purchasing authority” shall be construed accordingly.

(4)

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