Housing Act 1985

573 Meaning of “public sector authority”.E+W

(1)In this Part “public sector authority” means—

  • a local authority (or a predecessor of a local authority),

  • a joint board of which every constituent member is, or is appointed by, a local authority (or a predecessor of a local authority),

  • [F1a National Park authority (or a predecessor of such an authority),]

  • F2. . .

  • F2. . .

  • [F3a Welsh planning board,]

  • [F4the Natural Resources Body for Wales,]

  • [F5the National Rivers Authority]

  • the [F6Relevant Authority],

    [F7a non-profit registered provider of social housing other than a co-operative housing association (or a predecessor housing association of such a provider),]

  • a [F8registered social landlord] other than a co-operative housing association (or a predecessor housing association of such [F8a landlord]),

  • a new town corporation,

  • F9. . .

  • the [F10British Coal Corporation][F11, the Coal Authority], or

  • the United Kingdom Atomic Energy Authority,

  • or a body corporate or housing association specified by order of the Secretary of State in accordance with the following provisions.

[F12(1A) For the purposes of subsection (1), “ a Welsh planning board ” means a board constituted under—

(a) section 2(1B) of the Town and Country Planning Act 1990; F13 . . .

F13( b ). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .]

(2)The Secretary of State may provide that a body corporate shall be treated as a public sector authority if he is satisfied—

(a)that the affairs of the body are managed by its members, and

(b)that its members hold office by virtue of appointment (to that or another office) by a Minister of the Crown under an enactment,

or if he is satisfied that it is a subsidiary of such a body.

(3)The Secretary of State may provide that a housing association shall be treated as a public sector authority if he is satisfied that the objects or powers of the association include the provision of housing accommodation for individuals employed at any time by a public sector authority or dependants of such individuals.

(4)Where the Secretary of State is satisfied that a body or association met the requirements of subsection (2) or (3) during any period, he may, whether or not he makes an order in respect of the body or association under that subsection, provide that is shall be treated as having been a public sector authority during that period.

(5)If the Secretary of State is satisfied that a body or association specified in an order under subsection (2) or (3) has ceased to meet the requirements of that subsection on any date, he may by order provide that it shall be treated as having ceased to be a public sector authority on that date.

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

Textual Amendments

F1Entry in s. 573(1) inserted (23.11.1995) by 1995 c. 25, s. 78, Sch. 10 para. 24(3) (with ss. 7(6), 115, 117, Sch. 8 para. 7); S.I. 1995/2950, art. 2(1)

F2Entries in s. 573(1) repealed (1.4.1997) by 1995 c. 25, s. 120(3), Sch. 24 (with ss. 7(6), 115, 117); S.I. 1996/2560, art. 2

F3Entry in s. 573(1) inserted (1.4.1996) by 1994 c. 19, s. 20(4), Sch. 6 Pt. II para. 19 (with ss. 54(5)(7), 55(5)); S.I. 1996/396, art. 3

F6Words in s. 573(1) substituted (1.11.1998) by 1998 c. 38, s. 140, Sch. 16 para. 5 (with ss. 139(2), 141(1), 143(2)); S.I. 1998/2244, art. 5

F8Words in s. 573(1) substituted (1.10.1996) by S.I. 1996/2325, art. 5(1), Sch. 2 para. 14(29)

F9Entry in s. 573(1) repealed (1.10.1998) by 1998 c. 38, s. 152, Sch. 18 Pt. IV (with ss. 137(1), 139(2), 141(1), 143(2)); S.I. 1998/2244, art. 4

F11Words in s. 573(1) inserted (31.10.1994) by 1994 c. 21, s. 67(1), Sch. 9 para. 33 (with ss. 40(7), 66); S.I. 1994/2553, art. 2

F13S. 573(1A)(b) and the word “or” immediately preceding it repealed (1.4.1997) by 1995 c. 25, s. 120(3), Sch. 24 (with ss. 7(6), 115, 117); S.I. 1996/2560, art. 2

Modifications etc. (not altering text)