Housing Act 1985

567 Modifications of this Part in relation to shared ownership leases.

(1) The Secretary of State may by regulations provide for this Part to have effect, in its application to a case in which the interest of a person eligible for assistance in respect of a defective dwelling is—

(a) a shared ownership lease, or

(b) the freehold acquired under the terms of a shared ownership lease,

subject to such modifications as may be specified in the regulations.

(2) The regulations may, in particular, in relation to such a case—

(a) make any provision that may be made by an order under section 538(2) (modification of conditions for assistance by way of reinstatement grant), or

(b) require an authority receiving an application for assistance to determine under section 537 that the person is entitled to assistance by way of repurchase.

(3) An authority shall not entertain an application for assistance by a person whose interest in the defective dwelling is such as is mentioned in subsection (1)(a) or (b) unless regulations under this section are in force at the time of application in respect of that interest.

(4) In this section “shared ownership lease” means—

(a) a shared ownership lease granted in pursuance of Part V (the right to buy),

(b) a lease of a dwelling-house granted otherwise than in pursuance of that Part which contains provision to the like effect as that required by paragraphs 1 and 2 of Schedule 8 (terms of shared ownership lease: right to acquired additional shares and to acquire freehold),

(c) a lease of a description specified by regulations made by the Secretary of State, or

(d) a lease determined, or of a class determined, by the Secretary of State to be a shared ownership lease.

(5) The fact that a lease becomes a shared ownership lease by virtue of regulations under subsection (4)(c) or a determination under subsection (4)(d) does not affect the operation of the provisions of this Part in relation to a case where an application for assistance under this Part has previously been made.

(6) Regulations under this section—

(a) may make different provision for England and Wales and for different descriptions of shared ownership lease, and

(b) shall be made by statutory instrument which shall be subject to annulment in pursuance of a resolution of either House of Parliament,