Part I Regulation of Housing Associations
Introductory
1 Meaning of “housing association” and related expressions.
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 F1;
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;
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.
2 Meaning of “housing trust”.
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 to charitable purposes and in fact uses the whole, or substantially the whole, of its funds for the purpose of providing housing accommodation.
F52A. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
2BF6 Meaning of “registered housing association”, “registered social landlord” etc.
In this Act, unless the context otherwise requires—
“registered housing association” means a housing association registered in the register F7of social landlords maintained under section 57 of the Housing (Scotland) Act 2001 (asp 10),
F8“registered social landlord” has the same meaning as in Part I of the Housing Act 1996, and
“unregistered”, in relation to a housing association, means neither registered in the register F9of social landlords maintained under section 57 of the Housing (Scotland) Act 2001 (asp 10).
Registration
F103. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F114. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F125. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F136. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F147. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Disposal of land
F158. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
C16C1F179 Control by F16Corporation of dispositions of land by housing associations.
F181
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
C2F191A
Subject to section 10, the consent of the relevant Corporation is required for any disposition of grant-aided land (as defined in Schedule 1) by an unregistered housing association; and for this purpose “the relevant Corporation” means,—
C27a
if the land is in England, the Housing Corporation;
b
if the land is in Scotland, Scottish Homes; and
c
if the land is in Wales, F20the Secretary of State.
2
F21Consent under this section may be so given—
a
generally to all housing associations or to a particular housing association or description of association;
b
in relation to particular land or in relation to a particular description of land;
and may be given subject to conditions.
3
A disposition by a housing association which requires F22consent under this section is valid in favour of a person claiming under the association notwithstanding that F22that consent has not been given; and a person dealing with the association, or with a person claiming under the association, shall not be concerned to see or inquire whether any such consent has been given.
This subsection has effect subject to section 12 (avoidance of certain dispositions of houses without consent).
F234
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
5
For the purposes of this section “disposition” means sale, lease, mortgage, charge or any other disposal.
F246
References in this section to consent are references,—
C28a
in the case of the Housing Corporation F25. . ., to consent given by order under the seal of the Corporation; and
b
in the case of F26the Secretary of State orScottish Homes, to consent in writing.
C17F2710 Dispositions excepted from s. 9.
1
A disposition by an unregistered housing association which is a charity is not within section 9 if by virtue of F28sections 36 and 38 of the Charities Act 1993 it cannot be made without an order of the court or the F249Charity Commission ; but F29before making an order in such a case the F249Charity Commission shall consult,—
C29a
in the case of dispositions of land in England, the Housing Corporation;
b
in the case of dispositions of land in Scotland, Scottish Homes; and
c
in the case of dispositions of land in Wales, F30the Secretary of State.
2
A letting F31. . . by an unregistered housing association which is a housing trust, is not within section 9 if it is—
a
a letting of land under a secure tenancy, or
b
a letting of land under what would be a secure tenancy but for any of paragraphs 2 to 12 of F32Schedule 1 to the Housing Act 1985 or F33paragraphs 1 to 8 of Schedule 2 to the Housing (Scotland) Act 1987 (tenancies excepted from being secure tenancies for reasons other than that they are long leases) F34or
c
a letting of land under an assured tenancy or an assured agricultural occupancy, or
d
a letting of land in England or Wales under what would be an assured tenancy or an assured agricultural occupancy but for any of paragraphs 4 to 8 of Schedule 1 to the Housing Act 1988, or
e
a letting of land in Scotland under what would be an assured tenancy but for any of paragraphs 3 to 8 and 12 of Schedule 4 to the Housing (Scotland) Act 1988.
3
The grant by an unregistered housing association which does not satisfy the landlord condition in section 80 of the Housing Act 1985 (bodies which are capable of granting secure tenancies) of a lease for a term ending within the period of seven years and three months beginning on the date of the grant is not within section 9 unless—
a
there is conferred on the lessee (by the lease or otherwise) an option for renewal for a term which, together with the original term, would expire outside that period, or
b
the lease is granted wholly or partly in consideration of a fine.
4
In subsection (3) the expression “lease” includes an agreement for a lease and a licence to occupy, and the expressions “grant” and “term” shall be construed accordingly.
F3511. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
12F36Avoidance of certain disposals of houses without consent.
A disposal of a house by a housing association made without the consent required by section 9 is void unless—
a
the disposal is to an individual (or to two or more individuals), and
b
the disposal does not extend to any other house.
Control of payments to members, etc.
F3713. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F3814. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F3915. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F4015A. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Constitution, change of rules, amalgamation and dissolution
F4116. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F4217. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F4318. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F4419. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F4520. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F4621. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F4722. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F4823. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Accounts and audit
F4924. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F5025. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F5126. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F5227. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F5327A. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Inquiries into affairs of housing associations
F5428. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F5529. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F5630. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F5731. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F5832. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Miscellaneous
F5933. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
C18C3033AF60 Provision of services between the Corporations.
Any of the F61following F62, that is to say, the Housing Corporation, the Secretary of State or Scottish Homes,may enter into an agreement with the others or either of them for the provision of services of any description by the one to the other or others on such terms, as to payment or otherwise, as the parties to the agreement consider appropriate.
34 Provision of land by county councils.
1
Where a housing association wishes to erect houses F63in Englandwhich in the opinion of the Secretary of State are required and the local housing authority in whose district the houses are proposed to be built are unwilling to acquire land with a view to selling or leasing it to the association, the county council, on the application of the association, may acquire land for that purpose.
2
For that purpose the county council may exercise all the powers of a local housing authority under Part II of the M2Housing Act 1985 (provision of housing) in regard to the acquisition and disposal of land; and the provisions of that Act as to the acquisition of land by local housing authorities for the purposes of that Part apply accordingly.
35 Housing trusts: power to transfer housing to local housing authority.
1
A housing trust may—
a
sell or lease to the local housing authority the houses provided by the trust, or
b
make over to the authority the management of the houses.
2
So far as subsection (1) confers power to dispose of land—
F64a
it does not apply to registered social landlords (on whom power to dispose of land is conferred by section 8 of the Housing Act 1996);.
b
it has effect subject to section 9 (dispositions requiring consent of F65Corporation) where the housing trust is an unregistered housing association and the land is grant-aided land (as defined in Schedule 1); and
36 Housing trusts: functions of Secretary of State with respect to legal proceedings.
1
If it appears to the Secretary of State—
a
that the institution of legal proceedings is requisite or desirable with respect to any property belonging to a housing trust, or
b
that the expediting of any such legal proceedings is requisite or desirable,
he may certify the case to the Attorney-General who may institute legal proceedings or intervene in legal proceedings already instituted in such manner as he thinks proper in the circumstances.
2
Before preparing a scheme with reference to property belonging to a housing trust, the court or body which is responsible for making the scheme shall communicate with the Secretary of State and consider any recommendations made by him with reference to the proposed scheme.
F6836A. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Supplementary
F6937. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F7038Definitions relating to charities.
In this Part—
a
“charity” has the same meaning as in F71the Charities Act 1993; and
F72. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F7339 Minor definitions.
In this Part—
F74“assured tenancy” has, in England and Wales, the same meaning as in Part I of the Housing Act 1988 and, in Scotland, the same meaning as in Part II of the Housing (Scotland) Act 1988;
“assured agricultural occupancy” has the same meaning as in Part I of the Housing Act 1988.
F75“mental disorder” has the same meaning as in F76the M3Mental Health Act 1983 or the M4Mental Health (Scotland) Act 1984;
“secure tenancy” has the same meaning as in section 79 of the M5Housing Act 1985 or F7744 of the Housing (Scotland) Act 1987;
F78. . .
F7940 Index of defined expressions: Part I.
The following Table shows provisions defining or explaining expressions used in this Part (other than provisions defining or explaining an expression used only in the same section or paragraph):—
F80appropriate registrar (in relation to a society registered under the 1965 Act). | section 37 |
F81assured agricultural occupancy | F81section 39 |
F81assured tenancy | F81section 39 |
F80bank | section 106 |
charge (in relation to Scotland) | section 106 |
charity | section 38(a) |
F80committee (in relation to a society registered under the 1965 Act) | section 37 |
F80compulsory disposal (in Schedule 2) | paragraph 6 of that Schedule |
co-operative housing association | section 1(2) |
F80co-opted member (in relation to the committee of a society registered under the 1965 Act) | section 37 |
F80the Companies Act | section 106 |
F82. . . | F82. . . |
F80dissolved under the 1965 Act (in relation to a society registered under that Act) | section 37 |
district (of a local housing authority) | section 104(2) |
F80dwelling | section 106 |
F80eligible for registration (in relation to a housing association) | section 4 |
F80exempted disposal (in Schedule 2) | paragraph 5 of that Schedule |
F80friendly society | section 106 |
fully mutual (in relation to a housing association) | section 1(2) |
F80hostel | section 106 |
house | section 106 |
F80housing activities | section 106 |
housing association | section 1(1) |
. . . F83 | . . . F83 |
housing trust | section 2 |
F80insurance company | section 106 |
local housing authority | section 104 |
F80member of family | section 105 |
F80mental disorder | section 39 |
mortgage (in relation to Scotland) | section 106 |
F80the 1965 Act | section 37 |
F80register, registered, registration and unregistered (in relation to a housing association) | section F84 3 |
F80registered charity | section 38(b) |
F85registered social landlord | section 2B |
F80relevant disposal (in Schedule 2) | paragraph 4 of that Schedule |
. . . F83 | . . . F83 |
secure tenancy | section 39 |
F80shared ownership lease | section 106 |
F86shared ownership agreement (in relation to Scotland) | F86section 106 |
F80standard scale | section 39 |
F80trustee savings bank | section 106 |
F87unregistered (in relation to a housing association) | section 2B |
C4C5Part II Housing Association Finance
Pt. II (ss. 41–73): power to apply certain functions conferred (E.W.) by Housing Act 1988 (c. 50, SIF 61), s. 65(2)(b)(4)
41. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F88
52. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F89
53. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F90
Deficit grants
54. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F91
F9255. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
56 F93. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
57 F94. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Arrangements with local authorities
C358F95Powers of local authorities to promote and assist housing associations: England and Wales.
1
A local authority may promote the formation or extension of a housing association.
2
A local authority may for the assistance of a housing association subscribe for share or loan capital of the association.
3
A local authority may make a loan to an unregistered self-build society for the purpose of enabling it to meet the whole or part of the expenditure incurred, or to be incurred by it, in carrying out its objects.
4
This section does not apply where the housing association is a registered social landlord (for which corresponding provision is made by section 22 of the Housing Act 1996)..
F9659 Powers of local authorities to promote and assist housing associations: Scotland.
1
A local authority F97. . . may promote the formation or extension of or, subject to section 60 (assistance restricted to registered housing associations), assist a housing association whose objects include the erection, improvement or management of housing accommodation.
2
A local authority F97. . . may, with the consent of and subject to any regulations or conditions made or imposed by the Secretary of State, for the assistance of such an association—
a
make grants or loans to the association,
b
subscribe for share or loan capital of the association, or
c
guarantee or join in guaranteeing the payment of the principal of, and interest on, money borrowed by the association (including money borrowed by the issue of loan capital) or of interest on share capital issued by the association,
on such terms and conditions as to rate of interest and repayment or otherwise and on such security as the local authority F97. . . think fit.
3
A term of an agreement for such a grant or loan is void if it purports to relate to the rent payable in respect of a house to which the agreement relates or the contributions payable towards the cost of maintaining such a house.
4
Regulations under this section shall be made by statutory instrument which shall be subject to annulment in pursuance of a resolution of either House of Parliament.
F985
Sections 6, 15, 320 and 329 of the Housing (Scotland) Act 1987 (general provisions with respect to housing functions of local authorities etc.) apply in relation to this section and section 61, as they apply in relation to the provisions of that Act.
F9960. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F10061 Power of local housing authority to supply furniture to housing association tenants.
1
A local housing authority may sell, or supply under a hire-purchase agreement, furniture to the occupants of houses provided by a housing association under arrangements made with the authority, and may buy furniture for this purpose.
2
In this section “hire-purchase agreement” means a hire-purchase agreement or conditional sale agreement within the meaning of the M6Consumer Credit Act 1974.
F1013
This section does not apply where the housing association is a registered social landlord (for which corresponding provision is made by section 22 of the Housing Act 1996).
62. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F102
63. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F103
Loans by Public Works Loan Commissioners
F10467. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
68 Loans by Public Works Loan Commissioners: Scotland.
1
The Public Works Loan Commissioners may lend money to a F105registered housing association—
a
for the purpose of constructing or improving, or facilitating or encouraging the construction or improvement of, houses,
b
for the purchase of houses, and
c
for the purchase and development of land.
2
A loan for any of those purposes shall be secured with interest by a heritable security over—
a
the land in respect of which that purpose is to be carried out, and
b
such other land, if any, as may be offered as security for the loan;
and the money lent shall not exceed three-quarters (or, if the payment of the principal of and interest on the loan is guaranteed by a local authority, nine-tenths) of the value, to be ascertained to the satisfaction of the Public Works Loan Commissioners, of the estate or interest in the land proposed to be burdened.
3
Loans may be made by instalments as the building of houses or other work on the land burdened under subsection (2) progresses (so, however, that the total loans do not at any time exceed the amount specified in that subsection); and the heritable security may be granted accordingly to secure such loans so to be made.
4
If the loan exceeds two-thirds of the value referred to in subsection (2), and is not guaranteed as to principal and interest by a local authority, the Public Works Loan Commissioners shall require, in addition to such a heritable security as is mentioned in that subsection, such further security as they may think fit.
5
Subject to subsection (6), the period for repayment of a loan under this section shall not exceed 40 years, and no money shall be lent on the security of any land unless the estate or interest proposed to be burdened is either ownership or a lease of which a period of not less than 50 years remains unexpired at the date of the loan.
6
Where a loan under this section is made for the purposes of carrying out a scheme for the provision of houses approved by the Secretary of State, the maximum period for the repayment of the loan is 50 instead of 40 years, and money may be lent on heritable security over a lease recorded under the M7Registration of Leases (Scotland) Act 1857 of which a period of not less than ten years in excess of the period fixed for the repayment of the loan remains unexpired at the date of the loan.
Miscellaneous
C31C1969 Power to vary or terminate certain agreements with housing associations.
1
This section applies to agreements of the following descriptions—
a
b
an agreement which continues in force under Part I of Schedule 4 (arrangements with local authority for the provision or improvement of housing);
c
an agreement to which Part II of Schedule 4 applies (subsidy agreements with local authorities);
d
an agreement which continues in force under Part III of Schedule 4 (special arrangements with the Secretary of State);
F108e
an agreement for a loan or grant to a housing association under section 58(2) or 59(2) (financial assistance by local authorities);
f
a scheme which continues in force under Part V of Schedule 5 (schemes for unification of grant conditions).
2
F111If any person (other than the Secretary of State) who is a party to an agreement to which this section applies makes an application to the Secretary of State, he may, if he thinks fit, direct—
a
that the agreement shall have effect with such variations, determined by him or agreed by the parties, as may be specified in the direction, or
b
that the agreement shall be terminated.
F112and where the Secretary of State is a party to such an agreement, he may agree that it shall have effect with any variations or that it shall be terminated.
F1132A
3
No variation shall be directed under subsection (2) which would have the effect of including in an agreement a term—
a
limiting the aggregate amount of rents payable in respect of dwellings to which the agreement relates or contributions towards the cost of maintaining such dwellings, or
b
specifying a limit which the rent of a dwelling is not to exceed.
This subsection does not extend to Scotland.
4
No variation shall be directed under subsection (2) which would have the effect of including in an agreement a term relating to the rent payable in respect of a house to which the agreement relates or contributions towards the cost of maintaining such a house.
This subsection extends to Scotland only.
69AF116 Land subject to housing management agreement.
A housing association is not entitled to a F117grant under section 50 (housing association grant) or section 51 (revenue deficit grant) of the Housing Act 1988 in respect of land comprised in—
a
a management agreement within the meaning of the Housing Act 1985 (see sections 27(2) and 27B(4) of that Act: delegation of housing management functions by certain authorities), or
b
an agreement to which section F11822 of the Housing (Scotland) Act 1987 applies (agreements for exercise by housing co-operatives of certain local authority housing functions).
70 Continuation of arrangements under repealed enactments.
The provisions of Schedule 4 have effect in relation to certain arrangements affecting housing associations which continue in force despite the repeal of the enactments under or by reference to which they were made, as follows—
Part I —Arrangements with local authorities for the provision or improvement of housing.
Part II —Subsidy agreements with local authorities.
Part III —Special arrangements with the Secretary of State in Scotland.
71 Superseded contributions, subsidies and grants.
The provisions of Schedule 5 have effect with respect to superseded subsidies, contributions and grants, as follows—
Part I —Residual subsidies: England and Wales.
Part II —Residual subsidies: Scotland.
Part III—Contributions and grants under arrangements with local authorities.
Part IV—Contributions under arrangements with the Secretary of State in Scotland.
Part V —Schemes for the unification of grant conditions.
Part VI—New building subsidy and improvement subsidy.
Part VII—Payments in respect of hostels under pre-1974 enactments.
Supplementary provisions
F23972 Minor definitions.
73 Index of defined expressions: Part II.
The following Table shows provisions defining or explaining expressions used in this Part (other than provisions defining or explaining an expression in the same section);—
. . . F119 | . . . F119 |
. . . F120 | . . . F120 |
. . . F120 | . . . F120 |
co-operative housing association | section 1(2) |
dwelling | section 106 |
F121fully mutual (in relation to a housing association) | F121section 1(2) |
F121heritable security | F121section 106 |
hostel | section 106 |
. . . F122 | . . . F122 |
house | section 106 |
F121housing activities | F121section 106 |
housing association | section 1(1) |
. . . F122 | . . . F122 |
. . . F122 | . . . F122 |
local authority | section 106 |
local housing authority | section 104 |
. . . F123 | . . . F123 |
F124. . . | . . . |
F121registered charity | F121section 72 |
F125registered housing association | section 2B |
F126registered social landlord | section 2B |
. . . F119 | . . . F119 |
self-build society | section 1(3) |
. . . F127 | . . . F127 |
. . . F119 | . . . F119 |
F128unregistered (in relation to a housing association) | section 2B |
C14 Part III The Housing Corporation
Pt. III (ss. 74-102) excluded (E.W.) (1.10.1996) by 1996 c. 52, s. 7, Sch. 1 para. 15(6); S.I. 1996/2402, art. 3 (subject to transitional provisions and savings in Sch.)
Constitution and other general matters
E1C3274 The Housing Corporation.
1
This Part has effect with respect to the Housing Corporation F129and the Secretary of State
1A
Each of them is referred to in this part as “the F130Relevant Authority”.
2
F1323
F1334
In this Part,—
a
b
in relation to land outside Wales held by such an association, “the F130Relevant Authority” means the Housing Corporation.
E2C2075 General functions of the F135Relevant Authority.
1
The F135Relevant Authority has the following general functions—
F136a
to facilitate the proper performance of the functions of registered social landlords;
b
to maintain a register of social landlords and to exercise supervision and control over such persons;
c
to promote and assist the development of self-build societies (other than registered social landlords) and to facilitate the proper performance of the functions, and to publicise the aims and principles, of such societies;
d
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F137
e
to undertake, to such extent as the F135Relevant Authority considers necessary, the provision (by construction, acquisition, conversion, improvement or otherwise) of dwellings for letting or for sale and of hostels, and the management of dwellings or hostels so provided.
F247F138f
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
C33F2481A
The Housing Corporation also has the general function of providing, on request, to such extent as the Housing Corporation considers appropriate, advice and assistance to the Audit Commission for Local Authorities and the National Health Service in England F250... in relation to the functions of the Commission mentioned in subsection (1B).
1B
The functions referred to in subsection (1A) are the functions of the Commission under Part 1 of the Local Government Act 1999 (best value)F251....
2
3
4
F1415
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F2576
For the purposes of subsections (1)(c) and (e) and (4) “the Relevant Authority” means the Welsh Ministers only.
C3476 Directions by the Secretary of State.
1
The Secretary of State may give directions to the F142Housing Corporation as to the exercise of its functions.
2
A direction as to the terms of loans made under section 79 (lending powers of F142Housing Corporation) requires the consent of the Treasury.
3
Directions may be of a general or particular character and may be varied or revoked by subsequent directions.
4
Non-compliance with a direction does not invalidate a transaction between a person and the F142Housing Corporation unless the person had actual notice of the direction.
76AF143 Realisation of value of F144Housing Corporation’s loans portfolio.
F276. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
E3C35C2177 Advisory service.
1
The F145Relevant Authority may provide an advisory service for the purpose of giving advice on legal, architectural and other technical matters to F146registered social landlords or unregistered housing associations and to persons who are forming a housing association or are interested in the possibility of doing so.
2
The F145Relevant Authority may make charges for the service.
F1473
78 Annual report.
C6F2771
The F149Housing Corporation shall, as soon as possible after the end of each financial year, make a report to the Secretary of State on the exercise of its functions during the year.
C62
It shall include in the report a copy of its audited accounts and shall set out in the report any directions given to it by the Secretary of State during the year.
C73
The Secretary of State shall lay a copy of the report before each House of Parliament.
F186Relevant Authority’s powers with respect to grants and loans
Words in Pt. III (ss. 74-102) substituted (1.11.1998) by 1998 c. 38, s. 140, Sch. 16 para. 28(a) (with ss. 139(2), 143(2)); S.I. 1998/2244, art. 5
C22C3679 Lending powers.
F1501
The Relevant Authority may lend to a registered social landlord or an unregistered self-build society, and the Housing Corporation may lend to any of its subsidiaries or to any other body in which it holds an interest, for the purpose of enabling the body to meet the whole or part of expenditure incurred or to be incurred by it in carrying out its objects.
2
The Relevant Authority may lend to an individual for the purpose of enabling him to acquire from—
a
the Relevant Authority, or
b
any body to which the Relevant Authority may lend under subsection (1),
a legal estate or interest in a dwelling which he intends to occupy.
3
A loan under this section may be by way of temporary loan or otherwise, and the terms of a loan made under subsection (1) may include (though the terms of a loan made under subsection (2) may not) terms for preventing repayment of the loan or part of it before a specified date without the consent of the F151Relevant Authority.
4
The terms of a loan under this section shall, subject to subsection (3) and F152(in the case of a loan by the Housing Corporation)to any direction under section 76 (general power of Secretary of State to give directions), be such as the F151Relevant Authority may determine, either generally or in a particular case.
C23C3780 Security for loans to unregistered self-build societies.
1
Where the F153Relevant Authority—
a
makes a loan to an unregistered self-build society under section 79(1); and
b
under a mortgage or heritable security entered into by the society to secure the loan has an interest as mortgagee or creditor in land belonging to the society,
it may F154. . . give the society directions with respect to the disposal of the land.
2
The society shall comply with directions so given so long as the F153Relevant Authority continues to have such an interest in the land.
3
Directions so given may be varied or revoked by subsequent directions F155. . ..
F1563A
The written consent of the Secretary of State is required for the giving, varying or revoking of directions by the Housing Corporation.
4
The Secretary of State shall not F157give directions under this section requiring a society to transfer its interest in land to him or any other person, and shall not consent to the Housing Corporation’s giving such directions requiring a society to transfer its interest in land to the Housing Corporation or any other person, unless he is satisfied that arrangements have been made which will secure that the members of the society receive fair treatment in connection with the transfer.
C38C2481 Further advances in case of disposal on shared ownership lease.
Where—
a
a lease of a dwelling, granted otherwise than in pursuance of the provisions of Part V of the M9Housing Act 1985 (the right to buy) relating to shared ownership leases, contains a provision to the like effect as that required by paragraph 1 of Schedule 8 to that Act (terms of shared ownership lease: right of tenant to acquire additional shares), and
b
the F158Relevant Authorityhas, in exercise of any of its powers, left outstanding or advanced any amount on the security of the dwelling,
that power includes power to advance further amounts for the purpose of assisting the tenant to make payments in pursuance of that provision.
82 Loans made under s. 2 of the Housing Act 1964.
C39C2583 Power to guarantee loans.
F1601
The Relevant Authority may guarantee the repayment of the principal of, and the payment of interest on, sums borrowed by registered social landlords or unregistered self-build societies; and the Housing Corporation may guarantee the repayment of the principal of, and the payment of interest on, sums borrowed by other bodies in which it holds an interest.
F1611A
The consent of the Secretary of State given with the approval of the Treasury is required for the giving of a guarantee by the Housing Corporation and the approval of the Treasury is required for the giving of a guarantee by the Secretary of State.
2
Where the Corporation gives such a guarantee, it may impose such terms and conditions as it thinks fit.
3
The aggregate amount outstanding in respect of—
a
loans for which F162the Housing Corporation has given a guarantee under this section, and
b
shall not exceed £300 million or such greater sum not exceeding £500 million as the Secretary of State may specify by order made with the approval of the Treasury.
F1633A
The aggregate amount outstanding in respect of—
a
loans for which F164the Secretary of State (or Housing for Wales) has given a guarantee under this section, and
b
shall not exceed £30 million or such greater sum not exceeding £50 million as the Secretary of State may specify by order made with the approval of the Treasury
4
An order under subsection (3) F165or subsection (3A) shall be made by statutory instrument and no such order shall be made unless a draft of it has been laid before and approved by the House of Commons.
84F255Agreements to indemnify certain lenders
1
a
a building society lending on the security of a house, or
b
a recognised body making a relevant advance on the security of a house,
whereby, in the event of default by the mortgagor, and in circumstances and subject to conditions specified in the agreement, the F166F278Welsh MinistersF279bind themselves to indemnify the society or body in respect of the whole or part of the mortgagor’s outstanding indebtedness and any loss or expense falling on the society or body in consequence of the mortgagor’s default.
2
3
The transfer may be made to take effect—
a
on terms provided for by the agreement (including terms involving substitution of a new mortgage agreement or modification of the existing one), and
F2814
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
5
F282The Welsh Ministers shall, before entering into an agreement in a form about which they have not previously consulted under this subsection, consult—
a
F1696
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
85 Meaning of “recognised body” and “relevant advance”.
1
The expressions “recognised body” and “relevant advance” in section 84 (agreements to indemnify certain lenders) shall be construed in accordance with the following provisions.
2
3
Before making such an order varying or revoking an order previously made, the F284Welsh Ministers shall give an opportunity for representations to be made on behalf of a recognised body which, if the order were made, would cease to be such a body.
C9C104
A “relevant advance” means an advance made to a person whose interest in the dwelling is or was acquired by virtue of a conveyance of the freehold or an assignment of a long lease, or a grant of a long lease by—
a local authority,
a new town corporation,
F253the Welsh Ministers so far as they are or were exercising functions in relation to property transferred (or to be transferred) to them as mentioned in section 36(1)(a)(i) to (iii) of the New Towns Act 1981,
an urban development corporation,
F171. . .
F285..., or
a F172registered social landlord.F173 or an advance made to such a person by the F284Welsh Ministers if the conveyance, assignment or grant was made under section 90.
5
In subsection (4) “long lease” has the same meaning as in Part V of the M11Housing Act 1985 (the right to buy).
86 Agreements to indemnify building societies: Scotland.
1
F174Scottish Homes may, with the approval of the Secretary of State, enter into an agreement with a building society F175or recognised body under which F174Scottish Homes binds itself to indemnify the building society F175or recognised body in respect of—
a
the whole or part of any outstanding indebtedness of a borrower; and
2
3
Approval of the Secretary of State under subsection (1) may be given generally in relation to agreements which satisfy specified requirements, or in relation to individual agreements, and with or without conditions, as he thinks fit, and such approval may be withdrawn at any time on one month’s notice.
4
F1795
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F1806
In this section, “recognised body” means a body designated, or of a class or description designated, in an order made under this subsection by statutory instrument by the Secretary of State with the consent of the Treasury.
7
Before making an order under subsection (6) above varying or revoking an order previously so made, the Secretary of State shall give an opportunity for representations to be made on behalf of a recognised body which, if the order were made, would cease to be such a body.
E4C2687F181 Financial assistance with respect to formation, management, etc. of certain housing associations.
F1821
The F183Relevant Authoritymay give financial assistance to any person to facilitate the proper performance of the functions of registered social landlords or co-operative housing associations.
2
Assistance under this section may be in the form of grants, loans, guarantees or incurring expenditure for the benefit of the person assisted or in such other way as the F183Relevant Authority considers appropriate, except that the may not, in giving any form of financial assistance F184under this section, purchase loan or share capital in a company.
3
With respect to financial assistance under this section, the following—
a
the procedure to be followed in relation to applications for assistance,
b
the circumstances in which assistance is or is not to be given,
c
the method for calculating, and any limitations on, the amount of assistance, and
d
the manner in which, and the time or times at which, assistance is to be given,
4
In giving assistance under this section, the may provide that the assistance is conditional upon compliance by the person to whom the assistance is given with such conditions as it may specify.
5
Where assistance under this section is given in the form of a grant, subsections (1), (2) and (7) to (9) of section 52 of the Housing Act 1988 (recovery, etc. of grants) shall apply as they apply in relation to a grant to which that section applies, but with the substitution, for any reference in those subsections to the F185registered housing association to which the grant has been given, of a reference to the person to whom assistance is given under this section.
F2466
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F193Relevant Authority’s powers with respect to land and works
Words in Pt. III (ss. 74-102) substituted (1.11.1998) by 1998 c. 38, s. 140, Sch. 16 para. 28(b) (with ss. 139(2), 143(2)); S.I. 1998/2244, art. 5
E588 Acquisition of land.
1
The F259Welsh Ministers may acquire land by agreement for the purpose of—
a
selling or leasing it to a F187registered social landlord or an unregistered self-build society, or
b
providing dwellings (for letting or for sale) or hostels,
F260and the Welsh Ministers may acquire land compulsorily for any such purpose.
2
Land may be so acquired by the F261Welsh Ministers notwithstanding that it is not immediately required for any such purpose.
F2623
The Acquisition of Land Act 1981 applies to the compulsory purchase of land under this section.
F2634
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F2635
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
E689 Provision of dwellings or hostels and clearance, management and development of land.
1
2
The F264Welsh Ministers may clear land belonging F265to them and carry out other work on the land to prepare it as a building site or estate, including—
a
the laying out and construction of streets or roads and open spaces, and
b
the provision of sewerage facilities and supplies of gas, electricity and water.
3
4
The F264Welsh Ministers may carry out such operations on, and do such other things in relation to, land belonging F265to them as appear F265to them to be conducive to facilitating the provision or improvement of dwellings or hostels on the land—
b
by a F188registered social landlord or unregistered self-build society.
5
In the exercise of F267their powers under subsection (4) the F264Welsh Ministers may carry out any development ancillary to or in connection with the provision of dwellings or hostels, including development which makes provision for buildings or land to be used for commercial, recreational or other non-domestic purposes.
C11E790 Disposal of land.
1
The F268Welsh Ministers may dispose of land in respect of which F269they have not exercised F270their powers under section 89(1) (provision or improvement of dwellings or hostels) and on which F269they have not carried out any such development as is mentioned in section 89(5) F189(ancillary development) to a registered social landlord or an unregistered self-build society F271....
2
F2753
The Welsh Ministers may sell or lease individual dwellings to persons for those persons to occupy.
F2754
The Welsh Ministers may dispose of a building or land intended for use for commercial, recreational or other non-domestic purposes in respect of which development has been carried out by virtue of section 89.
F2755
The Welsh Ministers may dispose of land which is not required for the purposes for which it was acquired.
91 Protection of persons deriving title under transactions requiring consent.
a
in favour of a person claiming under the F192Housing Corporationthe transaction is not invalid by reason that any consent of the Secretary of State which is required has not been given, and
The F209Relevant Authority’sfinances
Words in Pt. III (ss. 74-102) substituted (1.11.1998) by 1998 c. 38, s. 140, Sch. 16 para. 28(b) (with ss. 139(2), 143(2)); S.I. 1998/2244, art. 5
92 Borrowing powers.
F2581
2
3
The F194Housing Corporationmay, with the consent of the Secretary of State, borrow—
a
from the European Investment Bank or the Commission of the European Communities, sums in any currency, and
b
from any other person, sums in a currency other than sterling.
4
A loan made to the F194Housing Corporation by the Secretary of State shall be repaid to him at such times and by such methods, and interest on the loan shall be paid to him at such rates and at such times, as he may from time to time determine.
5
The Treasury may issue to the Secretary of State out of the National Loans Fund such sums as are necessary to enable him to make loans to the F194Housing Corporationin pursuance of this section; and sums received by the Secretary of State in pursuance of subsection (4) shall be paid into that Fund.
6
The Secretary of State may act under this section only with the approval of the Treasury.
93 Limit on borrowing.
F2581
The F195Housing Corporation has only the borrowing powers conferred by section 92 and those powers are exercisable subject to the following limit.
2
The aggregate amount outstanding by way of principal of—
a
b
c
money borrowed by the F196Housing Corporation under section 92, and
F1992A
The limit referred to in subsection (2) is,—
a
F201. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
3
An order under subsection F202(2A) shall be made by statutory instrument and no such order shall be made unless a draft of it has been laid before and approved by the House of Commons.
4
In ascertaining the limit imposed by subsection F202(2A), interest payable on a loan made by the Secretary of State to the F195Housing Corporationwhich, with the approval of the Treasury, is deferred and treated as part of the loan, shall, so far as outstanding, be treated as outstanding by way of principal.
5
94 Treasury guarantees of borrowing.
F2581
The Treasury may guarantee, in such manner and on such conditions as they think fit, the repayment of the principal of and the payment of interest on and the discharge of any other financial obligation in connection with sums which the F203Housing Corporation borrows from a person other than the Secretary of State.
2
Immediately after a guarantee is given the Treasury shall lay a statement of the guarantee before each House of Parliament.
3
Any sums required by the Treasury for fulfilling the guarantee shall be charged on and issued out of the Consolidated Fund.
4
If any sums are so issued, the F203Housing Corporation shall make to the Treasury, at such times and in such manner as the Treasury may from time to time direct—
a
payments of such amounts as the Treasury so direct in or towards repayment of the sums so issued, and
b
payments of interest, at such rate as the Treasury so direct, on what is outstanding for the time being in respect of sums so issued.
5
Sums received by the Treasury in pursuance of subsection (4) shall be paid into the Consolidated Fund.
6
Where a sum is issued for fulfilling a guarantee given under this section, the Treasury shall, as soon as possible after the end of each financial year, beginning with that in which the sum is issued and ending with that in which all liability in respect of the principal of the sum and in respect of interest on it is finally discharged, lay before each House of Parliament a statement relating to the sum.
95 Grants to the F204Housing Corporation.
F2581
2
A grant may be made subject to such conditions as the Secretary of State may determine.
3
The Secretary of State may act under this section only with the consent of the Treasury.
96 General financial provisions.
F2581
The F205Housing Corporation may turn its resources to account so far as they are not required for the exercise of its functions.
2
If for an accounting year the revenues of the F205Housing Corporation exceed the total sums properly chargeable to revenue account, the F205Housing Corporationshall apply the excess in such manner as the Secretary of State may, after consultation with the F205Housing Corporation, direct; and the Secretary of State may direct that the whole or part of the excess be paid to him.
3
The Secretary of State may give directions to the F205Housing Corporation as to matters relating to—
a
the establishment or management of reserves,
b
the carrying of sums to the credit of reserves, or
c
the application of reserves for the purposes of the F206Housing Corporation’sfunctions.
4
The Secretary of State may, after consultation with the F205Housing Corporation, direct the F205Housing Corporation to pay to him the whole or part of any sums for the time being standing to the credit of reserves of the F205Housing Corporation or being of a capital nature and not required for the exercise of the F206Housing Corporation’s functions.
5
The Secretary of State may act under this section only with the approval of the Treasury.
97 Accounts and audit.
C12F2581
The F207Housing Corporationshall keep proper accounts and proper records in relation to the accounts and shall prepare in respect of each financial year annual accounts in such form as the Secretary of State may, with the approval of the Treasury, direct.
C122
F2422A
The Housing Corporation shall send a copy of the accounts prepared under subsection (1) in respect of each financial year ending on or after 31st March 2004 to the Comptroller and Auditor General as soon as reasonably practicable after the end of the financial year to which the accounts relate.
2B
The Comptroller and Auditor General shall examine and certify the accounts sent to him by the Housing Corporation under subsection (2A) and shall lay before each House of Parliament a copy of the accounts and his report on them.
C123
As soon as the annual accounts of the F207Housing Corporation for a financial year have been audited F243under subsection (2) or (2A) , the F207Housing Corporationshall send to the Secretary of State a copy of the accounts prepared by it for the year in accordance with this section, together with a copy of any report made on them by the auditor.
C134
The Secretary of State shall prepare in respect of each financial year, in such form and manner as the Treasury may direct, an account of—
a
the sums issued to him and lent to the F207Housing Corporation, and
b
and shall transmit the accounts so prepared by him to the Comptroller and Auditor General on or before 30th November in the following financial year.
5
The Comptroller and Auditor General shall examine and certify the accounts prepared by the Secretary of State and lay before each House of Parliament copies of the accounts together with his report on them.
F2086
In this section “qualified accountant” means a person who is eligible for appointment as a F252statutory auditor under Part 42 of the Companies Act 2006 .
Acquisition of securities and control of subsidiaries
98 Acquisition of securities and promotion of body corporate.
F2581
The F210Housing Corporation may with the consent of the Secretary of State—
a
subscribe for or acquire securities of a body corporate, and
b
promote or participate in the promotion of a body corporate.
2
In the section “securities” means shares, stock, debenture stock and other securities of a like nature.
99 Control of subsidiaries.
F2581
The F211Housing Corporation shall exercise its control over its subsidiaries so as to secure that no subsidiary—
a
engages in an activity which the F211Housing Corporation is not empowered to carry on, or
b
engages in an activity in a manner in which the F211Housing Corporation itself could not engage by reason of a direction given to it under section 76 (directions by Secretary of State).
2
The F211Housing Corporation shall also exercise its control over its subsidiaries so as to secure that no subsidiary of its—
a
borrows money from a person other than the F211Housing Corporation, or
b
raises money by the issue of shares or stock to a person other than the F211Housing Corporation,
without the consent of the Secretary of State.
Supplementary provisions
100F212 Scottish Special Housing Association may act as agents for F213Relevant Authorityin Scotland.
F258The F213Relevant Authority may, on such terms and conditions as may be agreed between it and the Scottish Special Housing Association, authorise the Association to act in Scotland as the agents of the F213Relevant Authority for the purpose of carrying out any of the functions vested in the F213Relevant Authority under—
a
section 77 (advisory service),
b
sections 88 and 89 (powers with respect to land and works), or
c
paragraph 5 of Schedule 7 (schemes for provision of housing accommodation in place of a housing association).
101 Minor definitions.
In this Part—
F214“building society” means a building society within the meaning of the Building Societies Act 1986;
“financial year” means the period of 12 months ending with the 31st March;
“highway”, in relation to Scotland, includes a public right of way;
“subsidiary” has the meaning given by F287section 1159 of the Companies Act 2006 .
E8102 Index of defined expressions: Part III.
The following Table shows provisions defining or explaining expressions used in this Part (other than provisions defining or explaining an expression in the same section or paragraph):—
building society | section 101 |
F286. . . | F286. . . |
F215co-operative housing association | section 1 |
dwelling | section 106 |
financial year | section 101 |
heritable security | section 106 |
highway (in relation to Scotland) | section 101 |
hostel | section 106 |
housing association | section 1(1) |
local authority | section 106 |
local housing authority | section 104 |
new town corporation | section 106 |
recognised body | section 85(2) |
F216registered social landlord | section 2B |
relevant advance | section 85(4) |
self-build society | section 1(3) |
subsidiary | section 101 |
F217unregistered (in relation to a housing association) | section 2B |
urban development corporation | section 106 |
E9102 Index of defined expressions: Part III.
The following Table shows provisions defining or explaining expressions used in this Part (other than provisions defining or explaining an expression in the same section or paragraph):—
building society | section 101 |
F286. . . | F286. . . |
dwelling | section 106 |
financial year | section 101 |
heritable security | section 106 |
highway (in relation to Scotland) | section 101 |
hostel | section 106 |
housing association | section 1(1) |
local authority | section 106 |
local housing authority | section 104 |
new town corporation | section 106 |
recognised body | section 85(2) |
registered (in relation to a housing association) | section 3(2) |
relevant advance | section 85(4) |
self-build society | section 1(3) |
subsidiary | section 101 |
unregistered (in relation to a housing association) | section 3(2) |
urban development corporation | section 106 |
Part IV General Provisions
General provisions
103 Application to Isles of Scilly.
1
This Act applies to the Isles of Scilly subject to such exceptions, adaptations and modifications as the Secretary of State may by order direct.
2
An order shall be made by statutory instrument which shall be subject to annulment in pursuance of a resolution of either House of Parliament.
104 Local housing authorities.
1
In this Act “local housing authority”—
a
in relation to England and Wales, has the meaning given by section 1 of the M15Housing Act 1985, and
b
in relation to Scotland, means F218a council constituted under section 2 of the Local Government etc. (Scotland) Act 1994.
2
References in this Act to the district of a local housing authority—
a
in England and Wales shall be construed in accordance with section 2 of the Housing Act 1985, and
b
in Scotland are to the F219area of a council mentioned in subsection (1)(b) above.
105Members of a persons family
F2921
A
person
is
a
member
of
another's
family
if—
a
b
he
is
that
person's
parent,
grandparent,
child,
grand-
child,
brother,
sister,
uncle,
aunt,
nephew
or
niece.
2
For
the
purposes
of
subsection
(1)(b)—
a
a
relationship
by
marriage
F294 or civil partnership shall
be
treated
as
a
relation-
ship
by
blood,
b
a
relationship
of
the
half-blood
shall
be
treated
as
a
relationship
of
the
whole
blood,
c
the
stepchild
of
a
person
shall
be
treated
as
his
child,
and
d
an
illegitimate
child
shall
be
treated
as
the
legitimate
child
of
his
mother
and
reputed
father.
106 Minor definitions — general.
C151
In the application of this Act in England and Wales—
F220“bank” means—
F221a
an institution authorised under the Banking Act 1987, or
b
a company as to which the Secretary of State was satisfied immediately before the repeal of the M16Protection of Depositors Act 1963 that it ought to be treated as a banking company or discount company for the purposes of that Act;
“dwelling” means a building or part of a building occupied or intended to be occupied as a separate dwelling, together with any yard, garden, outhouses and appurtenances belonging to it or usually enjoyed with it;
F220“friendly society” means a friendly society or branch of a friendly society registered under the M18Friendly Societies Act 1974 or earlier legislation;
“hostel” means a building in which is provided for persons generally or for a class or classes of persons—
a
residential accommodation otherwise than in separate and self-contained sets of premises, and
b
either board or facilities for the preparation of food adequate to the needs of those persons, or both;
“house” includes—
a
any part of a building which is occupied or intended to be occupied as a separate dwelling;
b
any yard, garden, outhouses and appurtenances belonging to the house or usually enjoyed with it;
F295...
F220“insurance company” means an insurance company to which Part II of the M19Insurance Companies Act 1982 applies;
“local authority” means a county, F222county borough, district, or London borough council, the Common Council of the City of London or the Council of the Isles of Scilly and in F223section 84(5) includes . . . F224 a joint authority established by Part IV of the M20Local Government Act 1985 F289, an economic prosperity board established under section 88 of the Local Democracy, Economic Development and Construction Act 2009, a combined authority established under section 103 of that ActF225 and the London Fire and Emergency Planning AuthorityF226and in section 85(4) includes such a joint authorityF290such an economic prosperity board, such a combined authority, F225the London Fire and Planning Authority and a police authority established under F227section 3 of the M21Police Act 1996F228and the Metropolitan Police Authority;
“new town corporation” means
F254the Commission for the New Towns ora development corporation within the meaning of the M22New Towns Act 1981;“shared ownership lease” means a lease—
a
granted on payment of a premium calculated by reference to a percentage of the value of the house or dwelling or of the cost of providing it, or
b
under which the tenant (or his personal representatives) will or may be entitled to a sum calculated by reference directly or indirectly to the value of the house or dwelling;
2
In the application of this Act in Scotland—
F229“bank” has the same meaning as in subsection (1);
“charge” includes a heritable security;
F288...
“dwelling” means a house;
F229“friendly society” has the same meaning as in subsection (1);
F230“heritable security” means any security capable of being constituted over any F244land, or real right in land, by disposition of the land, or assignation of the real right, in security of any debt and of being recorded in the Register of Sasines or, as the case may be, registered in the Land Register of Scotland and which includes a security constituted by an ex facie absolute disposition or assignation or by a standard security;
“hostel” means—
a
in relation to a building provided or converted before 3rd January 1962, a building in which is provided, for persons generally or for any class or classes of persons, residential accommodation (otherwise than in separate and self-contained dwellings) and board, and
b
in relation to a building provided or converted on or after that date, a building in which is provided for persons generally or for any class or classes of persons, residential accommodation (otherwise than in houses) and either board or common facilities for the preparation of adequate food to the needs of those persons, or both;
“house” includes—
a
any part of a building, being a part which is occupied or intended to be occupied as a separate dwelling, and in particular includes a flat, and
b
includes also any yard, garden, outhouses and pertinents belonging to the house or usually enjoyed with it;
F231“housing activities” has the same meaning as in subsection (1);
F229“insurance company” has the same meaning as in subsection (1);
“local authority” means F232a council constituted under section 2 of the Local Government etc. (Scotland) Act 1994;
“mortgage” means a heritable security and “mortgagee” means a creditor in such a security;
“new town corporation” means a development corporation within the meaning of the M25New Towns (Scotland) Act 1968;
F296...
F229“trustee savings bank” has the same meaning as in subsection (1).
F2973
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Final provisions
107 Short title, commencement and extent.
1
This Act may be cited as the Housing Associations Act 1985.
2
This Act comes into force on 1st April 1986.
3
The following provisions of this Act apply to England and Wales only—
section 2,
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F233
section 8(2) and (3),
sections 11 and 12,
section F23417(4),
section 18,
section 20,
section 31,
sections 34 to 36,
section 38,
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F235
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F235
section 58,
section 67,
section 69(3),
section 81,
sections 84 and 85,
section 103,
F236section 105,
Schedules 2 and 3,
In Schedule 4, Part I,
In Schedule 5, Part I, paragraphs 1 and 2 of Part III and paragraph 1 of Part V.
4
The following provisions of this Act apply to Scotland only—
5
This Act does not extend to Northern Ireland.
Pt. II (ss. 41–73) excluded (S.) by Housing (Scotland) Act 1987 (c. 26, SIF 61), ss. 199, 335, Sch. 12 para. 1(7)